Rep. Sara Feigenholtz

Filed: 5/20/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 26

2    AMENDMENT NO. ______. Amend Senate Bill 26 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1.
5
SHORT TITLE, PRIOR LAW, AND DEFINITIONS

 
6    Section 1-101. Short title. This Act may be cited as the
7Specialized Mental Health Rehabilitation Act of 2013.
 
8    Section 1-101.3. Legislative findings. Illinois is
9committed to providing behavioral health services in the most
10community-integrated settings possible, based on the needs of
11consumers who qualify for State support. This goal is
12consistent with federal law and regulations and recent court
13decrees. A variety of services and settings are necessary to
14ensure that people with serious mental illness receive high
15quality care that is oriented toward their safety,

 

 

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1rehabilitation, and recovery.
2    The State of Illinois has an inordinately high inpatient
3hospitalization rate for behavioral health services. This is
4not productive for those needing behavioral health services. It
5is also the least cost effective form of behavioral health
6delivery possible. The General Assembly finds that
7alternatives to inpatient hospitalization for behavioral
8health are necessary to both improve outcomes and reduce costs.
9    Residential settings are an important component of the
10system of behavioral health care that Illinois is developing.
11When residential treatment is necessary, these facilities must
12offer high quality rehabilitation and recovery care, help
13consumers achieve and maintain their highest level of
14independent functioning, and prepare them to live in permanent
15supportive housing and other community-integrated settings.
16Facilities licensed under this Act will be multi-faceted
17facilities that provide triage and crisis stabilization to
18inpatient hospitalization, provide stabilization for those in
19post crisis stabilization, and provide transitional living
20assistance to prepare those with serious mental illness to
21reintegrate successfully into community living settings. Those
22licensed under this Act will provide care under a coordinated
23care model and seek appropriate national accreditation and
24provide productive and measurable outcomes.
 
25    Section 1-101.5. Prior law.

 

 

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1    (a) This Act provides for licensure of long term care
2facilities that are federally designated as institutions for
3the mentally diseased on the effective date of this Act and
4specialize in providing services to individuals with a serious
5mental illness. On and after the effective date of this Act,
6these facilities shall be governed by this Act instead of the
7Nursing Home Care Act.
8    (b) All consent decrees that apply to facilities federally
9designated as institutions for the mentally diseased shall
10continue to apply to facilities licensed under this Act.
 
11    Section 1-101.6. Mental health system planning. The
12General Assembly finds the services contained in this Act are
13necessary for the effective delivery of mental health services
14for the citizens of the State of Illinois. The General Assembly
15also finds that the mental health system in the State requires
16further review to develop additional needed services. To ensure
17the adequacy of community-based services and to offer choice to
18all individuals with serious mental illness who choose to live
19in the community, and for whom the community is the appropriate
20setting, but are at risk of institutional care, the Governor
21shall convene a working group to develop the process and
22procedure for identifying needed services in the different
23geographic regions of the State. The Governor shall include the
24Division of Mental Health of the Department of Human Services,
25the Department of Healthcare and Family Services, the

 

 

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1Department of Public Health, community mental health
2providers, statewide associations of mental health providers,
3mental health advocacy groups, and any other entity as deemed
4appropriate for participation in the working group. The
5Department of Human Services shall provide staff and support to
6this working group.
 
7    Section 1-102. Definitions. For the purposes of this Act,
8unless the context otherwise requires:
9    "Accreditation" means any of the following:
10        (1) the Joint Commission;
11        (2) the Commission on Accreditation of Rehabilitation
12    Facilities;
13        (3) the Healthcare Facilities Accreditation Program;
14    or
15        (4) any other national standards of care as approved by
16    the Department.
17    "Applicant" means any person making application for a
18license or a provisional license under this Act.
19    "Consumer" means a person, 18 years of age or older,
20admitted to a mental health rehabilitation facility for
21evaluation, observation, diagnosis, treatment, stabilization,
22recovery, and rehabilitation.
23    "Consumer" does not mean any of the following:
24        (i) an individual requiring a locked setting;
25        (ii) an individual requiring psychiatric

 

 

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1    hospitalization because of an acute psychiatric crisis;
2        (iii) an individual under 18 years of age;
3        (iv) an individual who is actively suicidal or violent
4    toward others;
5        (v) an individual who has been found unfit to stand
6    trial;
7        (vi) an individual who has been found not guilty by
8    reason of insanity based on committing a violent act, such
9    as sexual assault, assault with a deadly weapon, arson, or
10    murder;
11        (vii) an individual subject to temporary detention and
12    examination under Section 3-607 of the Mental Health and
13    Developmental Disabilities Code;
14        (viii) an individual deemed clinically appropriate for
15    inpatient admission in a State psychiatric hospital; and
16        (ix) an individual transferred by the Department of
17    Corrections pursuant to Section 3-8-5 of the Unified Code
18    of Corrections.
19    "Consumer record" means a record that organizes all
20information on the care, treatment, and rehabilitation
21services rendered to a consumer in a specialized mental health
22rehabilitation facility.
23    "Controlled drugs" means those drugs covered under the
24federal Comprehensive Drug Abuse Prevention Control Act of
251970, as amended, or the Illinois Controlled Substances Act.
26    "Department" means the Department of Public Health.

 

 

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1    "Discharge" means the full release of any consumer from a
2facility.
3    "Drug administration" means the act in which a single dose
4of a prescribed drug or biological is given to a consumer. The
5complete act of administration entails removing an individual
6dose from a container, verifying the dose with the prescriber's
7orders, giving the individual dose to the consumer, and
8promptly recording the time and dose given.
9    "Drug dispensing" means the act entailing the following of
10a prescription order for a drug or biological and proper
11selection, measuring, packaging, labeling, and issuance of the
12drug or biological to a consumer.
13    "Emergency" means a situation, physical condition, or one
14or more practices, methods, or operations which present
15imminent danger of death or serious physical or mental harm to
16consumers of a facility.
17    "Facility" means a specialized mental health
18rehabilitation facility that provides at least one of the
19following services: (1) triage; (2) crisis stabilization; (3)
20recovery and rehabilitation supports; or (4) transitional
21living units for 3 or more persons. The facility shall provide
22a 24-hour program that provides intensive support and recovery
23services designed to assist persons, 18 years or older, with
24mental disorders to develop the skills to become
25self-sufficient and capable of increasing levels of
26independent functioning. It includes facilities that meet the

 

 

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1following criteria:
2        (1) 100% of the consumer population of the facility has
3    a diagnosis of serious mental illness;
4        (2) no more than 15% of the consumer population of the
5    facility is 65 years of age or older;
6        (3) none of the consumers are non-ambulatory
7        (4) none of the consumers have a primary diagnosis of
8    moderate, severe, or profound intellectual disability; and
9        (5) the facility must have been licensed under the
10    Specialized Mental Health Rehabilitation Act or the
11    Nursing Home Care Act immediately preceding the effective
12    date of this Act and qualifies as a institute for mental
13    disease under the federal definition of the term.
14    "Facility" does not include the following:
15        (1) a home, institution, or place operated by the
16    federal government or agency thereof, or by the State of
17    Illinois;
18        (2) a hospital, sanitarium, or other institution whose
19    principal activity or business is the diagnosis, care, and
20    treatment of human illness through the maintenance and
21    operation as organized facilities therefor which is
22    required to be licensed under the Hospital Licensing Act;
23        (3) a facility for child care as defined in the Child
24    Care Act of 1969;
25        (4) a community living facility as defined in the
26    Community Living Facilities Licensing Act;

 

 

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1        (5) a nursing home or sanatorium operated solely by and
2    for persons who rely exclusively upon treatment by
3    spiritual means through prayer, in accordance with the
4    creed or tenets of any well-recognized church or religious
5    denomination; however, such nursing home or sanatorium
6    shall comply with all local laws and rules relating to
7    sanitation and safety;
8        (6) a facility licensed by the Department of Human
9    Services as a community-integrated living arrangement as
10    defined in the Community-Integrated Living Arrangements
11    Licensure and Certification Act;
12        (7) a supportive residence licensed under the
13    Supportive Residences Licensing Act;
14        (8) a supportive living facility in good standing with
15    the program established under Section 5-5.01a of the
16    Illinois Public Aid Code, except only for purposes of the
17    employment of persons in accordance with Section 3-206.01
18    of the Nursing Home Care Act;
19        (9) an assisted living or shared housing establishment
20    licensed under the Assisted Living and Shared Housing Act,
21    except only for purposes of the employment of persons in
22    accordance with Section 3-206.01 of the Nursing Home Care
23    Act;
24        (10) an Alzheimer's disease management center
25    alternative health care model licensed under the
26    Alternative Health Care Delivery Act;

 

 

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1        (11) a home, institution, or other place operated by or
2    under the authority of the Illinois Department of Veterans'
3    Affairs;
4        (12) a facility licensed under the ID/DD Community Care
5    Act; or
6        (13) a facility licensed under the Nursing Home Care
7    Act after the effective date of this Act.
8    "Executive director" means a person who is charged with the
9general administration and supervision of a facility licensed
10under this Act.
11    "Guardian" means a person appointed as a guardian of the
12person or guardian of the estate, or both, of a consumer under
13the Probate Act of 1975.
14    "Transitional living units" are residential units within a
15facility that have the purpose of assisting the consumer in
16developing and reinforcing the necessary skills to live
17independently outside of the facility. The duration of stay in
18such a setting shall not exceed 120 days for each consumer.
19Nothing in this definition shall be construed to be a
20prerequisite for transitioning out of a facility.
21    "Licensee" means the person, persons, firm, partnership,
22association, organization, company, corporation, or business
23trust to which a license has been issued.
24    "Misappropriation of a consumer's property" means the
25deliberate misplacement, exploitation, or wrongful temporary
26or permanent use of a consumer's belongings or money without

 

 

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1the consent of a consumer or his or her guardian.
2    "Neglect" means a facility's failure to provide, or willful
3withholding of, adequate medical care, mental health
4treatment, psychiatric rehabilitation, personal care, or
5assistance that is necessary to avoid physical harm and mental
6anguish of a consumer.
7    "Personal care" means assistance with meals, dressing,
8movement, bathing, or other personal needs, maintenance, or
9general supervision and oversight of the physical and mental
10well-being of an individual who is incapable of maintaining a
11private, independent residence or who is incapable of managing
12his or her person, whether or not a guardian has been appointed
13for such individual. "Personal care" shall not be construed to
14confine or otherwise constrain a facility's pursuit to develop
15the skills and abilities of a consumer to become
16self-sufficient and capable of increasing levels of
17independent functioning.
18    "Recovery and rehabilitation supports" means a program
19that facilitates a consumer's longer-term symptom management
20and stabilization while preparing the consumer for
21transitional living units by improving living skills and
22community socialization. The duration of stay in such a setting
23shall be established by the Department by rule.
24    "Restraint" means:
25        (i) a physical restraint that is any manual method or
26    physical or mechanical device, material, or equipment

 

 

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1    attached or adjacent to a consumer's body that the consumer
2    cannot remove easily and restricts freedom of movement or
3    normal access to one's body; devices used for positioning,
4    including, but not limited to, bed rails, gait belts, and
5    cushions, shall not be considered to be restraints for
6    purposes of this Section; or
7        (ii) a chemical restraint that is any drug used for
8    discipline or convenience and not required to treat medical
9    symptoms; the Department shall, by rule, designate certain
10    devices as restraints, including at least all those devices
11    that have been determined to be restraints by the United
12    States Department of Health and Human Services in
13    interpretive guidelines issued for the purposes of
14    administering Titles XVIII and XIX of the federal Social
15    Security Act. For the purposes of this Act, restraint shall
16    be administered only after utilizing a coercive free
17    environment and culture.
18    "Self-administration of medication" means consumers shall
19be responsible for the control, management, and use of their
20own medication.
21    "Crisis stabilization" means a secure and separate unit
22that provides short-term behavioral, emotional, or psychiatric
23crisis stabilization as an alternative to hospitalization or
24re-hospitalization for consumers from residential or community
25placement. The duration of stay in such a setting shall not
26exceed 21 days for each consumer.

 

 

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1    "Therapeutic separation" means the removal of a consumer
2from the milieu to a room or area which is designed to aid in
3the emotional or psychiatric stabilization of that consumer.
4    "Triage center" means a non-residential 23-hour center
5that serves as an alternative to emergency room care,
6hospitalization, or re-hospitalization for consumers in need
7of short-term crisis stabilization.
 
8
ARTICLE 2.
9
GENERAL PROVISIONS

 
10    Section 2-101. Standards for facilities. The Department
11shall, by rule, prescribe minimum standards for each level of
12care for facilities to be in place during the provisional
13licensure period and thereafter. These standards shall
14include, but are not limited to, the following:
15        (1) life safety standards that will ensure the health,
16    safety and welfare of residents and their protection from
17    hazards;
18        (2) number and qualifications of all personnel,
19    including management and clinical personnel, having
20    responsibility for any part of the care given to consumers;
21    specifically, the Department shall establish staffing
22    ratios for facilities which shall specify the number of
23    staff hours per consumer of care that are needed for each
24    level of care offered within the facility;

 

 

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1        (3) all sanitary conditions within the facility and its
2    surroundings, including water supply, sewage disposal,
3    food handling, and general hygiene which shall ensure the
4    health and comfort of consumers;
5        (4) a program for adequate maintenance of physical
6    plant and equipment;
7        (5) adequate accommodations, staff, and services for
8    the number and types of services being offered to consumers
9    for whom the facility is licensed to care;
10        (6) development of evacuation and other appropriate
11    safety plans for use during weather, health, fire, physical
12    plant, environmental, and national defense emergencies;
13        (7) maintenance of minimum financial or other
14    resources necessary to meet the standards established
15    under this Section, and to operate and conduct the facility
16    in accordance with this Act; and
17        (8) standards for coercive free environment,
18    restraint, and therapeutic separation.
 
19    Section 2-102. Staffing ratios. The Department shall
20establish rules governing the minimum staffing levels and
21staffing qualifications for facilities. In crafting the
22staffing ratios, the Department shall take into account the
23ambulatory nature and mental health of the population served in
24the facilities. Staffing ratios shall be consistent with
25national accreditation standards in behavioral health from a

 

 

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1recognized national accreditation entity as set forth in the
2definition of "accreditation" in Section 2-102. The rules shall
3be created for each type of care offered at the facilities and
4be crafted to address the different type of services offered.
5The staffing ratios contained in the rules shall specifically
6list the positions that are to be counted toward the staffing
7ratio. In no case shall the staffing ratios contained in rule
8be less than the following ratios:
9        (1) a staffing ratio of 3.6 hours of direct care for
10    crisis stabilization;
11        (2) a staffing ratio of 1.8 hours of direct care for
12    recovery and rehabilitation supports; and
13        (3) a staffing ratio of 1.6 hours of direct care for
14    transitional living.
 
15    Section 2-103. Staff training. Training for all new
16employees specific to the various levels of care offered by a
17facility shall be provided to employees during their
18orientation period and annually thereafter. Training shall be
19independent of the Department and overseen by the Division of
20Mental Health to determine the content of all facility employee
21training and to provide training for all trainers of facility
22employees. Training of employees shall be consistent with
23nationally recognized national accreditation standards as
24defined later in this Act. Training shall be required for all
25existing staff at a facility prior to the implementation of any

 

 

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1new services authorized under this Act.
 
2
ARTICLE 3.
3
RIGHTS AND RESPONSIBILITIES

 
4
PART 1.
5
CONSUMER RIGHTS

 
6    Section 3-101. Consumers' rights. Consumers served by a
7facility under this Act shall have all the rights guaranteed
8pursuant to Chapter II, Article I of the Mental Health and
9Developmental Disabilities Code, a list of which shall be
10prominently posted in English and any other language
11representing at least 5% of the county population in which the
12specialized mental health rehabilitation facility is located.
 
13    Section 3-102. Financial affairs. A consumer shall be
14permitted to manage his or her own financial affairs unless he
15or she or his or her guardian authorizes the executive director
16of the facility in writing to manage the consumer's financial
17affairs.
 
18    Section 3-103. Consumers' moneys and possessions. To the
19extent possible, each consumer shall be responsible for his or
20her own moneys and personal property or possessions in his or
21her own immediate living quarters unless deemed inappropriate

 

 

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1by a physician or other facility clinician and so documented in
2the consumer's record. In the event the moneys or possessions
3of a consumer come under the supervision of the facility,
4either voluntarily on the part of the consumer or so ordered by
5a facility physician or other clinician, each facility to whom
6a consumer's moneys or possessions have been entrusted shall
7comply with the following:
8        (1) no facility shall commingle consumers' moneys or
9    possessions with those of the facility; consumers' moneys
10    and possessions shall be maintained separately, intact,
11    and free from any liability that the facility incurs in the
12    use of the facility's funds;
13        (2) the facility shall provide reasonably adequate
14    space for the possessions of the consumer; the facility
15    shall provide a means of safeguarding small items of value
16    for its consumers in their rooms or in any other part of
17    the facility so long as the consumers have reasonable and
18    adequate access to such possessions; and
19        (3) the facility shall make reasonable efforts to
20    prevent loss and theft of consumers' possessions; those
21    efforts shall be appropriate to the particular facility and
22    particular living setting within each facility and may
23    include staff training and monitoring, labeling
24    possessions, and frequent possession inventories; the
25    facility shall develop procedures for investigating
26    complaints concerning theft of consumers' possessions and

 

 

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1    shall promptly investigate all such complaints.
 
2    Section 3-104. Care, treatment, and records. Facilities
3shall provide, at a minimum, the following services: physician,
4nursing, pharmaceutical, rehabilitative, and dietary services.
5To provide these services, the facility shall adhere to the
6following:
7        (1) Each consumer shall be encouraged and assisted to
8    achieve and maintain the highest level of self-care and
9    independence. Every effort shall be made to keep consumers
10    active and out of bed for reasonable periods of time,
11    except when contraindicated by physician orders.
12        (2) Every consumer shall be engaged in a
13    person-centered planning process regarding his or her
14    total care and treatment.
15        (3) All medical treatment and procedures shall be
16    administered as ordered by a physician. All new physician
17    orders shall be reviewed by the facility's director of
18    nursing or charge nurse designee within 24 hours after such
19    orders have been issued to ensure facility compliance with
20    such orders. According to rules adopted by the Department,
21    every woman consumer of child bearing age shall receive
22    routine obstetrical and gynecological evaluations as well
23    as necessary prenatal care.
24        (4) Each consumer shall be provided with good nutrition
25    and with necessary fluids for hydration.

 

 

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1        (5) Each consumer shall be provided visual privacy
2    during treatment and personal care.
3        (6) Every consumer or consumer's guardian shall be
4    permitted to inspect and copy all his or her clinical and
5    other records concerning his or her care kept by the
6    facility or by his or her physician. The facility may
7    charge a reasonable fee for duplication of a record.
 
8    Section 3-105. Supplemental Security Income. The
9Department of Healthcare and Family Services shall explore
10potential avenues to enable consumers to continue to receive
11and possess a portion of, or their full, Supplemental Security
12Income benefit while receiving services at a facility. The
13Department of Healthcare and Family Services shall investigate
14strategies that are most beneficial to the consumer and cost
15effective for the State. The Department of Healthcare and
16Family Services may implement a strategy to enable a consumer
17to receive and possess a portion of, or his or her full,
18Supplemental Security Income in administrative rule. This
19Section is subject to the appropriation of the General
20Assembly.
 
21    Section 3-106. Pharmaceutical treatment.
22    (a) A consumer shall not be given unnecessary drugs. An
23unnecessary drug is any drug used in an excessive dose,
24including in duplicative therapy; for excessive duration;

 

 

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1without adequate monitoring; without adequate indications for
2its use; or in the presence of adverse consequences that
3indicate the drug should be reduced or discontinued. The
4Department shall adopt, by rule, the standards for unnecessary
5drugs.
6    (b) Informed consent shall be required for the prescription
7of psychotropic medication consistent with the requirements
8contained in subsection (b) of Section 2-106.1 of the Nursing
9Home Care Act.
10    (c) No drug shall be administered except upon the order of
11a person lawfully authorized to prescribe for and treat mental
12illness.
13    (d) All drug orders shall be written, dated, and signed by
14the person authorized to give such an order. The name,
15quantity, or specific duration of therapy, dosage, and time or
16frequency of administration of the drug and the route of
17administration if other than oral shall be specific.
18    (e) Verbal orders for drugs and treatment shall be received
19only by those authorized to do so from their supervising
20physician. Such orders shall be recorded immediately in the
21consumer's record by the person receiving the order and shall
22include the date and time of the order.
 
23    Section 3-107. Abuse or neglect; duty to report. A
24licensee, executive director, employee, or agent of a facility
25shall not abuse or neglect a consumer. It is the duty of any

 

 

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1facility employee or agent who becomes aware of such abuse or
2neglect to report it.
 
3    Section 3-108. Communications; visits. Every consumer,
4except those in triage or crisis stabilization, shall be
5permitted unimpeded, private, and uncensored communication of
6his or her choice by mail, telephone, Internet, or visitation.
7    The executive director shall ensure that correspondence is
8conveniently received and reasonably accessible.
9    The executive director shall ensure that consumers may have
10private visits at any reasonable hour unless such visits are
11restricted due to the treatment plan of the consumer.
12    The executive director shall ensure that space for visits
13is available and that facility personnel knock, except in an
14emergency, before entering any consumer's room during such
15visits.
 
16    Section 3-109. Religion. A consumer shall be permitted the
17free exercise of religion. Upon a consumer's request, and if
18necessary, at the consumer's expense, the executive director
19may make arrangements for a consumer's attendance at religious
20services of the consumer's choice. However, no religious
21beliefs or practices or attendance at religious services may be
22imposed upon any consumer.
 
23    Section 3-110. Access to consumers.

 

 

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1    (a) Any employee or agent of a public agency, any
2representative of a community legal services program, or any
3other member of the general public shall be permitted access at
4reasonable hours to any individual consumer of any facility,
5unless the consumer is receiving care and treatment in triage
6or crisis stabilization.
7    (b) All persons entering a facility under this Section
8shall promptly notify appropriate facility personnel of their
9presence. They shall, upon request, produce identification to
10establish their identity. No such person shall enter the
11immediate living area of any consumer without first identifying
12himself or herself and then receiving permission from the
13consumer to enter. The rights of other consumers present in the
14room shall be respected. A consumer may terminate at any time a
15visit by a person having access to the consumer's living area
16under this Section.
17    (c) This Section shall not limit the power of the
18Department or other public agency otherwise permitted or
19required by law to enter and inspect a facility.
20    (d) Notwithstanding subsection (a) of this Section, the
21executive director of a facility may refuse access to the
22facility to any person if the presence of that person in the
23facility would be injurious to the health and safety of a
24consumer or would threaten the security of the property of a
25consumer or the facility, or if the person seeks access to the
26facility for commercial purposes.

 

 

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1    (e) Nothing in this Section shall be construed to conflict
2with, or infringe upon, any court orders or consent decrees
3regarding access.
 
4    Section 3-111. Discharge. A consumer may be discharged from
5a facility after he or she gives the executive director, a
6physician, or a nurse of the facility written notice of the
7desire to be discharged. If a guardian has been appointed for a
8consumer, the consumer shall be discharged upon written consent
9of his or her guardian. In the event of a requested consumer
10discharge, the facility is relieved from any responsibility for
11the consumer's care, safety, and well-being upon the consumer's
12discharge.
 
13    Section 3-112. Grievances. A consumer shall be permitted to
14present grievances on behalf of himself or herself or others to
15the executive director, the consumers' advisory council, State
16governmental agencies, or other persons without threat of
17discharge or reprisal in any form or manner whatsoever. The
18executive director shall provide all consumers or their
19representatives with the name, address, and telephone number of
20the appropriate State governmental office where complaints may
21be lodged.
 
22    Section 3-113. Labor. A consumer may refuse to perform
23labor for a facility.
 

 

 

09800SB0026ham001- 23 -LRB098 05310 KTG 46196 a

1    Section 3-114. Unlawful discrimination. No consumer shall
2be subjected to unlawful discrimination as defined in Section
31-103 of the Illinois Human Rights Act by any owner, licensee,
4executive director, employee, or agent of a facility. Unlawful
5discrimination does not include an action by any licensee,
6executive director, employee, or agent of a facility that is
7required by this Act or rules adopted under this Act.
 
8
PART 2.
9
RESPONSIBILITIES

 
10    Section 3-201. Screening prior to admission. Standards for
11screening prior to admission into a facility under this Act
12shall be established by rule. The rules shall recognize the
13different levels of care provided by these facilities,
14including, but not limited to, the following:
15        (1) triage units;
16        (2) crisis stabilization;
17        (3) recovery and rehabilitation supports; or
18        (4) transitional living units.
 
19    Section 3-203. Consumers' advisory council. Each facility
20shall establish a consumers' advisory council. The executive
21director shall designate a member of the facility staff to
22coordinate the establishment of, and render assistance to, the

 

 

09800SB0026ham001- 24 -LRB098 05310 KTG 46196 a

1council.
2        (1) The composition of the consumers' advisory council
3    shall be specified by rule, but no employee or affiliate of
4    a facility shall be a member of the council.
5        (2) The council shall meet at least once each month
6    with the staff coordinator who shall provide assistance to
7    the council in preparing and disseminating a report of each
8    meeting to all consumers, the executive director, and the
9    staff.
10        (3) Records of council meetings shall be maintained in
11    the office of the executive director.
12        (4) The consumers' advisory council may communicate to
13    the executive director the opinions and concerns of the
14    consumers. The council shall review procedures for
15    implementing consumer rights and facility responsibilities
16    and make recommendations for changes or additions that will
17    strengthen the facility's policies and procedures as they
18    affect consumer rights and facility responsibilities.
19        (5) The council shall be a forum for:
20            (A) obtaining and disseminating information;
21            (B) soliciting and adopting recommendations for
22        facility programming and improvements; and
23            (C) early identification and for recommending
24        orderly resolution of problems.
25        (6) The council may present complaints on behalf of a
26    consumer to the Department or to any other person it

 

 

09800SB0026ham001- 25 -LRB098 05310 KTG 46196 a

1    considers appropriate.
 
2    Section 3-205. Disclosure of information to public.
3Standards for the disclosure of information to the public shall
4be established by rule. These information disclosure standards
5shall include, but are not limited to, the following: staffing
6and personnel levels, licensure and inspection information,
7national accreditation information, cost and reimbursement
8information, and consumer complaint information. Rules for the
9public disclosure of information shall be in accordance with
10the provisions for inspection and copying of public records in
11the Freedom of Information Act.
 
12    Section 3-206. Confidentiality of records.
13    (a) The Department shall respect the confidentiality of a
14consumer's record and shall not divulge or disclose the
15contents of a record in a manner that identifies a consumer,
16except upon a consumer's death to a relative or guardian or
17under judicial proceedings. This Section shall not be construed
18to limit the right of a consumer to inspect or copy the
19consumer's own records.
20    (b) Confidential medical, social, personal, or financial
21information identifying a consumer shall not be available for
22public inspection in a manner that identifies a consumer.
 
23    Section 3-207. Notice of imminent death. A facility shall

 

 

09800SB0026ham001- 26 -LRB098 05310 KTG 46196 a

1immediately notify the consumer's next of kin, representative,
2and physician of the consumer's death or when the consumer's
3death appears to be imminent.
 
4    Section 3-208. Policies and procedures. A facility shall
5establish written policies and procedures to implement the
6responsibilities and rights provided under this Article. The
7policies shall include the procedure for the investigation and
8resolution of consumer complaints. The policies and procedures
9shall be clear and unambiguous and shall be available for
10inspection by any person. A summary of the policies and
11procedures, printed in not less than 12-point font, shall be
12distributed to each consumer and representative.
 
13    Section 3-209. Explanation of rights. Each consumer and
14consumer's guardian or other person acting on behalf of the
15consumer shall be given a written explanation of all of his or
16her rights. The explanation shall be given at the time of
17admission to a facility or as soon thereafter as the condition
18of the consumer permits, but in no event later than 48 hours
19after admission and again at least annually thereafter. At the
20time of the implementation of this Act, each consumer shall be
21given a written summary of all of his or her rights. If a
22consumer is unable to read such written explanation, it shall
23be read to the consumer in a language the consumer understands.
 

 

 

09800SB0026ham001- 27 -LRB098 05310 KTG 46196 a

1    Section 3-210. Staff familiarity with rights and
2responsibilities. The facility shall ensure that its staff is
3familiar with and observes the rights and responsibilities
4enumerated in this Article.
 
5    Section 3-211. Vaccinations.
6    (a) A facility shall annually administer or arrange for
7administration of a vaccination against influenza to each
8consumer, in accordance with the recommendations of the
9Advisory Committee on Immunization Practices of the Centers for
10Disease Control and Prevention that are most recent to the time
11of vaccination, unless the vaccination is medically
12contraindicated or the consumer has refused the vaccine.
13    (b) All persons seeking admission to a facility shall be
14verbally screened for risk factors associated with hepatitis B,
15hepatitis C, and the Human Immunodeficiency Virus (HIV)
16according to guidelines established by the U.S. Centers for
17Disease Control and Prevention. Persons who are identified as
18being at high risk for hepatitis B, hepatitis C, or HIV shall
19be offered an opportunity to undergo laboratory testing in
20order to determine infection status if they will be admitted to
21the facility for at least 7 days and are not known to be
22infected with any of the listed viruses. All HIV testing shall
23be conducted in compliance with the AIDS Confidentiality Act.
24All persons determined to be susceptible to the hepatitis B
25virus shall be offered immunization within 10 days after

 

 

09800SB0026ham001- 28 -LRB098 05310 KTG 46196 a

1admission to any facility. A facility shall document in the
2consumer's medical record that he or she was verbally screened
3for risk factors associated with hepatitis B, hepatitis C, and
4HIV, and whether or not the consumer was immunized against
5hepatitis B.
 
6    Section 3-212. Order for transportation of consumer by
7ambulance. If a facility orders transportation of a consumer of
8the facility by ambulance, then the facility must maintain a
9written record that shows (i) the name of the person who placed
10the order for that transportation and (ii) the medical reason
11for that transportation.
 
12
ARTICLE 4.
13
LICENSING AND ACCREDITATION

 
14
PART 1.
15
LICENSING

 
16    Section 4-101. Licensure system. The Department shall be
17the sole agency responsible for licensure and shall establish a
18comprehensive system of licensure for facilities in accordance
19with this Act for the purpose of:
20        (1) protecting the health, welfare, and safety of
21    consumers; and
22        (2) ensuring the accountability for reimbursed care

 

 

09800SB0026ham001- 29 -LRB098 05310 KTG 46196 a

1    provided in facilities.
 
2    Section 4-102. Necessity of license. No person may
3establish, operate, maintain, offer, or advertise a facility
4within this State unless and until he or she obtains a valid
5license therefor as hereinafter provided, which license
6remains unsuspended, unrevoked, and unexpired. No public
7official or employee may place any person in, or recommend that
8any person be in, or directly or indirectly cause any person to
9be placed in any facility that is being operated without a
10valid license. All licenses and licensing procedures
11established under Article III of the Nursing Home Care Act,
12except those contained in Section 3-202, shall be deemed valid
13under this Act until the Department establishes licensure. The
14Department is granted the authority under this Act to establish
15provisional licensure and licensing procedures under this Act
16by emergency rule and shall do so within 120 days of the
17effective date of this Act.
 
18    Section 4-103. Provisional licensure emergency rules. The
19Department, in consultation with the Division of Mental Health
20of the Department of Human Services and the Department of
21Healthcare and Family Services, is granted the authority under
22this Act to establish provisional licensure and licensing
23procedures by emergency rule. The Department shall file
24emergency rules concerning provisional licensure under this

 

 

09800SB0026ham001- 30 -LRB098 05310 KTG 46196 a

1Act within 120 days after the effective date of this Act. The
2rules to be filed for provisional licensure shall be for a
3period of 3 years, beginning with the adoption date of the
4emergency rules establishing the provisional license, and
5shall not be extended beyond the date of 3 years after the
6effective date of the emergency rules creating the provisional
7license and licensing process. Rules governing the provisional
8license and licensing process shall contain rules for the
9different levels of care offered by the facilities authorized
10under this Act and shall address each type of care hereafter
11enumerated:
12        (1) triage units;
13        (2) crisis stabilization;
14        (3) recovery and rehabilitation supports;
15        (4) transitional living units; or
16        (5) other intensive treatment and stabilization
17    programs designed and developed in collaboration with the
18    Department.
 
19    Section 4-104. Provisional licensure requirements. Rules
20governing the provisional license and licensing process shall
21address, at a minimum, the following provisions:
22        (1) mandatory community agency linkage;
23        (2) discharge and transition planning;
24        (3) non-residential triage and stabilization center
25    requirements;

 

 

09800SB0026ham001- 31 -LRB098 05310 KTG 46196 a

1        (4) crisis stabilization;
2        (5) transitional living units;
3        (6) recovery and rehabilitation supports;
4        (7) therapeutic activity and leisure training program;
5        (8) admission policies;
6        (9) consumer admission and assessment requirements;
7        (10) screening and consumer background checks;
8        (11) consumer records;
9        (12) informed consent;
10        (13) individualized treatment plan;
11        (14) consumer rights and confidentiality;
12        (15) safeguard of consumer funds;
13        (16) restraints and therapeutic separation;
14        (17) employee personnel policies and records;
15        (18) employee health evaluation;
16        (19) health care worker background check;
17        (20) required professional job positions;
18        (21) consultation and training;
19        (22) quality assessment and performance improvement;
20        (23) consumer information;
21        (24) reporting of unusual occurrences;
22        (25) abuse and reporting to local law enforcement;
23        (26) fire safety and disaster preparedness;
24        (27) required support services, including, but not
25    limited to, physician, health, pharmaceutical, infection
26    control, dietetic, dental, and environmental;

 

 

09800SB0026ham001- 32 -LRB098 05310 KTG 46196 a

1        (28) enhanced services requests and program
2    flexibility requests;
3        (29) participation in a managed care entity, a
4    coordinated care entity, or an accountable care entity; and
5        (30) appropriate fines and sanctions associated with
6    violations of laws, rules, or regulations.    
 
7    Section 4-105. Provisional licensure duration. A
8provisional license shall be valid upon fulfilling the
9requirements established by the Department by emergency rule.
10The license shall remain valid as long as a facility remains in
11compliance with the licensure provisions established in rule.
12The provisional license shall expire when the administrative
13rule established by the Department for provisional licensure
14expires at the end of a 3-year period.
 
15    Section 4-106. Provisional licensure outcomes. The
16Department of Healthcare and Family Services, in conjunction
17with the Division of Mental Health of the Department of Human
18Services and the Department of Public Health, shall establish a
19methodology by which financial and clinical data are reported
20and monitored from each program that is implemented in a
21facility after the effective date of this Act. The Department
22of Healthcare and Family Services shall work in concert with a
23managed care entity, a care coordination entity, or an
24accountable care entity to gather the data necessary to report

 

 

09800SB0026ham001- 33 -LRB098 05310 KTG 46196 a

1and monitor the progress of the services offered under this
2Act.
 
3    Section 4-107. Provisional licensure period completion.
4After the provisional licensure period is completed, no
5individual with mental illness whose service plan provides for
6placement in community-based settings shall be housed or
7offered placement in a facility at public expense unless, after
8being fully informed, he or she declines the opportunity to
9receive services in a community-based setting.
 
10    Section 4-108. Surveys and inspections. The Department
11shall conduct surveys of licensed facilities and their
12certified programs and services. The Department shall review
13the records or premises, or both, as it deems appropriate for
14the purpose of determining compliance with this Act.
15        (1) The Department shall conduct scheduled surveys to
16    determine compliance and may conduct unscheduled surveys
17    to investigate complaints.
18        (2) Determination of compliance with the service
19    requirements shall be based on a survey centered on
20    individuals that sample services being provided.
21        (3) Determination of compliance with the general
22    administrative requirements shall be based on a review of
23    facility records and observation of individuals and staff.
 

 

 

09800SB0026ham001- 34 -LRB098 05310 KTG 46196 a

1    Section 4-109. License sanctions and revocation.
2    (a) The Department may revoke a license at any time if the
3licensee:
4        (1) fails to correct deficiencies identified as a
5    result of an on-site survey by the Department or fails to
6    submit a plan of correction within 30 days after receipt of
7    the notice of violation;
8        (2) submits false information either on Department
9    forms, required certifications, plans of correction or
10    during an on-site inspection;
11        (3) refuses to permit or participate in a scheduled or
12    unscheduled survey; or
13        (4) willfully violates any rights of individuals being
14    served.
15    (b) The Department may refuse to license or relicense a
16facility if the owner or authorized representative or licensee
17has been convicted of a felony related to the provision of
18healthcare or mental health services, as shown by a certified
19copy of the court of conviction.
20    (c) Facilities, as a result of an on-site survey, shall be
21recognized according to levels of compliance with standards as
22set forth in this Act. Facilities with findings from Level 1 to
23Level 3 will be considered to be in good standing with the
24Department. Findings from Level 3 to Level 5 will result in a
25notice of violations, a plan of correction and defined
26sanctions. Findings resulting in Level 6 will result in a

 

 

09800SB0026ham001- 35 -LRB098 05310 KTG 46196 a

1notice of violations and defined sanction. The levels of
2compliance are:
3        (1) Level 1: Full compliance with the standards of this
4    Part.
5        (2) Level 2: Acceptable compliance with the standards.
6    No written plan of correction will be required from the
7    licensee.
8        (3) Level 3: Partial compliance with the standards. An
9    administrative warning is issued. The licensee shall
10    submit a written plan of correction.
11        (4) Level 4: Minimal compliance with the standards. The
12    licensee shall submit a written plan of correction, and the
13    Department will issue a probationary license. A re-survey
14    shall occur within 90 days.
15        (5) Level 5: Unsatisfactory compliance with the
16    standards. The agency shall submit a written plan of
17    correction, and the Department will issue a restricted
18    license. A resurvey shall occur within 60 days.
19        (6) Level 6: Revocation of the license to provide
20    services. Revocation may occur as a result of a licensee's
21    consistent and repeated failure to take necessary
22    corrective actions to rectify documented violations, or
23    the failure to protect clients from situations that produce
24    an imminent risk.
25    (d) Prior to initiating formal action to sanction a
26license, the Department shall allow the licensee an opportunity

 

 

09800SB0026ham001- 36 -LRB098 05310 KTG 46196 a

1to take corrective action to eliminate or ameliorate a
2violation of this Act except in cases in which the Department
3determines that emergency action is necessary to protect the
4public or individual interest, safety, or welfare.
5    (e) Subsequent to an on-site survey, the Department shall
6issue a written notice to the licensee. The Department shall
7specify the particular Sections of this Part, if any, with
8which the agency is not compliant. The Department's notice
9shall require any corrective actions be taken within a
10specified time period as required by this Act.
11    (f) Sanctions shall be imposed according to the following
12definitions:
13        (1) Administrative notice: A written notice issued by
14    the Department that specifies rule violations requiring a
15    written plan of correction with time frames for corrections
16    to be made and a notice that any additional violation of
17    this Part may result in a higher level sanction. (Level 3)
18        (2) Probation: Compliance with standards is minimally
19    acceptable and necessitates immediate corrective action.
20    Individuals' life safety or quality of care are not in
21    jeopardy. The probationary period is time limited to 90
22    days. During the probationary period, the agency must make
23    corrective changes sufficient to bring the agency back into
24    good standing with the Department. Failure to make
25    corrective changes within that given time frame may result
26    in a determination to initiate a higher-level sanction. The

 

 

09800SB0026ham001- 37 -LRB098 05310 KTG 46196 a

1    admission of new individuals shall be prohibited during the
2    probationary period. (Level 4)
3        (3) Restricted license: A licensee is sanctioned for
4    unsatisfactory compliance. The admission of new
5    individuals shall be prohibited during the restricted
6    licensure period. Corrective action sufficient to bring
7    the licensee back into good standing with the Department
8    must be taken within 60 days. During the restricted
9    licensure period a monitor will be assigned to oversee the
10    progress of the agency in taking corrective action. If
11    corrective actions are not taken, the agency will be
12    subject to a higher-level sanction. (Level 5)
13        (4) Revocation: Revocation of the license is
14    withdrawal by formal actions of the license. The revocation
15    shall be in effect until such time that the provider
16    submits a re-application and the licensee can demonstrate
17    its ability to operate in good standing with the
18    Department. The Department has the right not to reinstate a
19    license. If revocation occurs as a result of imminent risk,
20    all individuals shall be immediately relocated and all
21    funding will be transferred. (Level 6)
22        (5) Financial penalty: A financial penalty may be
23    imposed upon finding of violation in any one or combination
24    of the provisions of this Act. In determining an
25    appropriate financial penalty, the Department may consider
26    the deterrent effect of the penalty on the organization and

 

 

09800SB0026ham001- 38 -LRB098 05310 KTG 46196 a

1    on other providers, the nature of the violation, the degree
2    to which the violation resulted in a benefit to the
3    organization or harm to the public, and any other relevant
4    factor to be examined in mitigation or aggravation of the
5    organization's conduct. The financial penalty may be
6    imposed in conjunction with other sanctions or separately.
7    Higher level sanctions may be imposed in situations where
8    there are repeat violations.
 
9    Section 4-110. Citation review and appeal procedures.
10    (a) Upon receipt of Level 3 to 6 citations, the licensee
11may provide additional written information and argument
12disputing the citation with 10 working days. The Department
13shall respond within 20 days to the licensee's disputation.
14    (b) If a licensee contests the Department's decision
15regarding a Level 4 to 6 citation or penalty, it can request a
16hearing by submitting a written request within 20 working days
17of the Department's dispute resolution decision. The
18Department shall notify the licensee of the time and place of
19the hearing not less than 14 days prior to the hearing date.
20    (c) A license may not be denied or revoked unless the
21licensee is given written notice of the grounds for the
22Department's action. Except when revocation of a license is
23based on imminent risk, the facility or program whose license
24has been revoked may operate and receive reimbursement for
25services during the period preceding the hearing, until such

 

 

09800SB0026ham001- 39 -LRB098 05310 KTG 46196 a

1time as a final decision is made.
 
2
PART 2.
3
ACCREDITATION

 
4    Section 4-201. Accreditation and licensure. At the end of
5the provisional licensure period established in Article 3, Part
61 of this Act, the Department shall license a facility as a
7specialized mental health rehabilitation facility under this
8Act that successfully completes and obtains valid national
9accreditation in behavioral health from a recognized national
10accreditation entity and complies with licensure standards as
11established by the Department of Public Health in
12administrative rule. Rules governing licensure standards shall
13include, but not be limited to, appropriate fines and sanctions
14associated with violations of laws or regulations. The
15following shall be considered to be valid national
16accreditation in behavioral health from an national
17accreditation entity:
18        (1) the Joint Commission;
19        (2) the Commission on Accreditation of Rehabilitation
20    Facilities;
21        (3) the Healthcare Facilities Accreditation Program;
22    or
23        (4) any other national standards of care as approved by
24    the Department.
 

 

 

09800SB0026ham001- 40 -LRB098 05310 KTG 46196 a

1
ARTICLE 5.
2
FACILITY PAYMENT

 
3    Section 5-101. Managed care entity, coordinated care
4entity, and accountable care entity payments. For facilities
5licensed by the Department of Public Health under this Act, the
6payment for services provided shall be determined by
7negotiation with managed care entities, coordinated care
8entities, or accountable care entities. However, for 3 years
9after the effective date of this Act, in no event shall the
10reimbursement rate paid to facilities licensed under this Act
11be less than the rate in effect on June 30, 2013 less $7.07
12times the number of occupied bed days, as that term is defined
13in Article V-B of the Illinois Public Aid Code, for each
14facility previously licensed under the Nursing Home Care Act on
15June 30, 2013; or the rate in effect on June 30, 2013 for each
16facility licensed under the Specialized Mental Health
17Rehabilitation Act on June 30, 2013. Any adjustment in the
18support component or the capital component for facilities
19licensed by the Department of Public Health under the Nursing
20Home Care Act shall apply equally to facilities licensed by the
21Department of Public Health under this Act for the duration of
22the provisional licensure period as defined in Section 4-105 of
23this Act.
 

 

 

09800SB0026ham001- 41 -LRB098 05310 KTG 46196 a

1
ARTICLE 6.
2
MISCELLANEOUS AND AMENDATORY PROVISIONS; REPEALER

 
3    Section 6-101. Illinois Administrative Procedure Act. The
4provisions of the Illinois Administrative Procedure Act are
5hereby expressly adopted and shall apply to all administrative
6rules and procedures of the Department under this Act.
 
7    Section 6-102. Judicial review. All final administrative
8decisions of the Department under this Act are subject to
9judicial review under the Administrative Review Law and the
10rules adopted pursuant thereto. The term "administrative
11decision" is defined as in Section 3-101 of the Code of Civil
12Procedure.
 
13    Section 6-105. The Election Code is amended by changing
14Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
1519-12.1, and 19-12.2 as follows:
 
16    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
17    Sec. 3-3. Every honorably discharged soldier or sailor who
18is an inmate of any soldiers' and sailors' home within the
19State of Illinois, any person who is a resident of a facility
20licensed or certified pursuant to the Nursing Home Care Act,
21the Specialized Mental Health Rehabilitation Act of 2013, or
22the ID/DD Community Care Act, or any person who is a resident

 

 

09800SB0026ham001- 42 -LRB098 05310 KTG 46196 a

1of a community-integrated living arrangement, as defined in
2Section 3 of the Community-Integrated Living Arrangements
3Licensure and Certification Act, for 30 days or longer, and who
4is a citizen of the United States and has resided in this State
5and in the election district 30 days next preceding any
6election shall be entitled to vote in the election district in
7which any such home or community-integrated living arrangement
8in which he is an inmate or resident is located, for all
9officers that now are or hereafter may be elected by the
10people, and upon all questions that may be submitted to the
11vote of the people: Provided, that he shall declare upon oath,
12that it was his bona fide intention at the time he entered said
13home or community-integrated living arrangement to become a
14resident thereof.
15(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
1696-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1797-813, eff. 7-13-12.)
 
18    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
19    Sec. 4-6.3. The county clerk may establish a temporary
20place of registration for such times and at such locations
21within the county as the county clerk may select. However, no
22temporary place of registration may be in operation during the
2327 days preceding an election. Notice of the time and place of
24registration under this Section shall be published by the
25county clerk in a newspaper having a general circulation in the

 

 

09800SB0026ham001- 43 -LRB098 05310 KTG 46196 a

1county not less than 3 nor more than 15 days before the holding
2of such registration.
3    Temporary places of registration shall be established so
4that the areas of concentration of population or use by the
5public are served, whether by facilities provided in places of
6private business or in public buildings or in mobile units.
7Areas which may be designated as temporary places of
8registration include, but are not limited to, facilities
9licensed or certified pursuant to the Nursing Home Care Act,
10the Specialized Mental Health Rehabilitation Act of 2013, or
11the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
12shopping centers, business districts, public buildings and
13county fairs.
14    Temporary places of registration shall be available to the
15public not less than 2 hours per year for each 1,000 population
16or fraction thereof in the county.
17    All temporary places of registration shall be manned by
18deputy county clerks or deputy registrars appointed pursuant to
19Section 4-6.2.
20(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
21eff. 1-1-12; 97-813, eff. 7-13-12.)
 
22    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
23    Sec. 4-10. Except as herein provided, no person shall be
24registered, unless he applies in person to a registration
25officer, answers such relevant questions as may be asked of him

 

 

09800SB0026ham001- 44 -LRB098 05310 KTG 46196 a

1by the registration officer, and executes the affidavit of
2registration. The registration officer shall require the
3applicant to furnish two forms of identification, and except in
4the case of a homeless individual, one of which must include
5his or her residence address. These forms of identification
6shall include, but not be limited to, any of the following:
7driver's license, social security card, public aid
8identification card, utility bill, employee or student
9identification card, lease or contract for a residence, credit
10card, or a civic, union or professional association membership
11card. The registration officer shall require a homeless
12individual to furnish evidence of his or her use of the mailing
13address stated. This use may be demonstrated by a piece of mail
14addressed to that individual and received at that address or by
15a statement from a person authorizing use of the mailing
16address. The registration officer shall require each applicant
17for registration to read or have read to him the affidavit of
18registration before permitting him to execute the affidavit.
19    One of the registration officers or a deputy registration
20officer, county clerk, or clerk in the office of the county
21clerk, shall administer to all persons who shall personally
22apply to register the following oath or affirmation:
23    "You do solemnly swear (or affirm) that you will fully and
24truly answer all such questions as shall be put to you touching
25your name, place of residence, place of birth, your
26qualifications as an elector and your right as such to register

 

 

09800SB0026ham001- 45 -LRB098 05310 KTG 46196 a

1and vote under the laws of the State of Illinois."
2    The registration officer shall satisfy himself that each
3applicant for registration is qualified to register before
4registering him. If the registration officer has reason to
5believe that the applicant is a resident of a Soldiers' and
6Sailors' Home or any facility which is licensed or certified
7pursuant to the Nursing Home Care Act, the Specialized Mental
8Health Rehabilitation Act of 2013, or the ID/DD Community Care
9Act, the following question shall be put, "When you entered the
10home which is your present address, was it your bona fide
11intention to become a resident thereof?" Any voter of a
12township, city, village or incorporated town in which such
13applicant resides, shall be permitted to be present at the
14place of any precinct registration and shall have the right to
15challenge any applicant who applies to be registered.
16    In case the officer is not satisfied that the applicant is
17qualified he shall forthwith notify such applicant in writing
18to appear before the county clerk to complete his registration.
19Upon the card of such applicant shall be written the word
20"incomplete" and no such applicant shall be permitted to vote
21unless such registration is satisfactorily completed as
22hereinafter provided. No registration shall be taken and marked
23as incomplete if information to complete it can be furnished on
24the date of the original application.
25    Any person claiming to be an elector in any election
26precinct and whose registration card is marked "Incomplete" may

 

 

09800SB0026ham001- 46 -LRB098 05310 KTG 46196 a

1make and sign an application in writing, under oath, to the
2county clerk in substance in the following form:
3    "I do solemnly swear that I, ...., did on (insert date)
4make application to the board of registry of the .... precinct
5of the township of .... (or to the county clerk of .... county)
6and that said board or clerk refused to complete my
7registration as a qualified voter in said precinct. That I
8reside in said precinct, that I intend to reside in said
9precinct, and am a duly qualified voter of said precinct and am
10entitled to be registered to vote in said precinct at the next
11election.
12(Signature of applicant) ............................."
 
13    All such applications shall be presented to the county
14clerk or to his duly authorized representative by the
15applicant, in person between the hours of 9:00 a.m. and 5:00
16p.m. on any day after the days on which the 1969 and 1970
17precinct re-registrations are held but not on any day within 27
18days preceding the ensuing general election and thereafter for
19the registration provided in Section 4-7 all such applications
20shall be presented to the county clerk or his duly authorized
21representative by the applicant in person between the hours of
229:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
23the ensuing general election. Such application shall be heard
24by the county clerk or his duly authorized representative at
25the time the application is presented. If the applicant for

 

 

09800SB0026ham001- 47 -LRB098 05310 KTG 46196 a

1registration has registered with the county clerk, such
2application may be presented to and heard by the county clerk
3or by his duly authorized representative upon the dates
4specified above or at any time prior thereto designated by the
5county clerk.
6    Any otherwise qualified person who is absent from his
7county of residence either due to business of the United States
8or because he is temporarily outside the territorial limits of
9the United States may become registered by mailing an
10application to the county clerk within the periods of
11registration provided for in this Article, or by simultaneous
12application for absentee registration and absentee ballot as
13provided in Article 20 of this Code.
14    Upon receipt of such application the county clerk shall
15immediately mail an affidavit of registration in duplicate,
16which affidavit shall contain the following and such other
17information as the State Board of Elections may think it proper
18to require for the identification of the applicant:
19    Name. The name of the applicant, giving surname and first
20or Christian name in full, and the middle name or the initial
21for such middle name, if any.
22    Sex.
23    Residence. The name and number of the street, avenue or
24other location of the dwelling, and such additional clear and
25definite description as may be necessary to determine the exact
26location of the dwelling of the applicant. Where the location

 

 

09800SB0026ham001- 48 -LRB098 05310 KTG 46196 a

1cannot be determined by street and number, then the Section,
2congressional township and range number may be used, or such
3other information as may be necessary, including post office
4mailing address.
5    Term of residence in the State of Illinois and the
6precinct.
7    Nativity. The State or country in which the applicant was
8born.
9    Citizenship. Whether the applicant is native born or
10naturalized. If naturalized, the court, place and date of
11naturalization.
12    Age. Date of birth, by month, day and year.
13    Out of State address of ..........................
14
AFFIDAVIT OF REGISTRATION
15State of ...........)  
16                   )ss
17County of ..........)
18    I hereby swear (or affirm) that I am a citizen of the
19United States; that on the day of the next election I shall
20have resided in the State of Illinois and in the election
21precinct 30 days; that I am fully qualified to vote, that I am
22not registered to vote anywhere else in the United States, that
23I intend to remain a resident of the State of Illinois and of
24the election precinct, that I intend to return to the State of
25Illinois, and that the above statements are true.
26
..............................

 

 

09800SB0026ham001- 49 -LRB098 05310 KTG 46196 a

1
(His or her signature or mark)
2    Subscribed and sworn to before me, an officer qualified to
3administer oaths, on (insert date).
4
........................................
5
Signature of officer administering oath.
6    Upon receipt of the executed duplicate affidavit of
7Registration, the county clerk shall transfer the information
8contained thereon to duplicate Registration Cards provided for
9in Section 4-8 of this Article and shall attach thereto a copy
10of each of the duplicate affidavit of registration and
11thereafter such registration card and affidavit shall
12constitute the registration of such person the same as if he
13had applied for registration in person.
14(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
1596-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1697-813, eff. 7-13-12.)
 
17    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
18    Sec. 5-9. Except as herein provided, no person shall be
19registered unless he applies in person to registration officer,
20answers such relevant questions as may be asked of him by the
21registration officer, and executes the affidavit of
22registration. The registration officer shall require the
23applicant to furnish two forms of identification, and except in
24the case of a homeless individual, one of which must include
25his or her residence address. These forms of identification

 

 

09800SB0026ham001- 50 -LRB098 05310 KTG 46196 a

1shall include, but not be limited to, any of the following:
2driver's license, social security card, public aid
3identification card, utility bill, employee or student
4identification card, lease or contract for a residence, credit
5card, or a civic, union or professional association membership
6card. The registration officer shall require a homeless
7individual to furnish evidence of his or her use of the mailing
8address stated. This use may be demonstrated by a piece of mail
9addressed to that individual and received at that address or by
10a statement from a person authorizing use of the mailing
11address. The registration officer shall require each applicant
12for registration to read or have read to him the affidavit of
13registration before permitting him to execute the affidavit.
14    One of the Deputy Registrars, the Judge of Registration, or
15an Officer of Registration, County Clerk, or clerk in the
16office of the County Clerk, shall administer to all persons who
17shall personally apply to register the following oath or
18affirmation:
19    "You do solemnly swear (or affirm) that you will fully and
20truly answer all such questions as shall be put to you touching
21your place of residence, name, place of birth, your
22qualifications as an elector and your right as such to register
23and vote under the laws of the State of Illinois."
24    The Registration Officer shall satisfy himself that each
25applicant for registration is qualified to register before
26registering him. If the registration officer has reason to

 

 

09800SB0026ham001- 51 -LRB098 05310 KTG 46196 a

1believe that the applicant is a resident of a Soldiers' and
2Sailors' Home or any facility which is licensed or certified
3pursuant to the Nursing Home Care Act, the Specialized Mental
4Health Rehabilitation Act of 2013, or the ID/DD Community Care
5Act, the following question shall be put, "When you entered the
6home which is your present address, was it your bona fide
7intention to become a resident thereof?" Any voter of a
8township, city, village or incorporated town in which such
9applicant resides, shall be permitted to be present at the
10place of precinct registration, and shall have the right to
11challenge any applicant who applies to be registered.
12    In case the officer is not satisfied that the applicant is
13qualified, he shall forthwith in writing notify such applicant
14to appear before the County Clerk to furnish further proof of
15his qualifications. Upon the card of such applicant shall be
16written the word "Incomplete" and no such applicant shall be
17permitted to vote unless such registration is satisfactorily
18completed as hereinafter provided. No registration shall be
19taken and marked as "incomplete" if information to complete it
20can be furnished on the date of the original application.
21    Any person claiming to be an elector in any election
22precinct in such township, city, village or incorporated town
23and whose registration is marked "Incomplete" may make and sign
24an application in writing, under oath, to the County Clerk in
25substance in the following form:
26    "I do solemnly swear that I, .........., did on (insert

 

 

09800SB0026ham001- 52 -LRB098 05310 KTG 46196 a

1date) make application to the Board of Registry of the ........
2precinct of ........ ward of the City of .... or of the
3......... District ......... Town of .......... (or to the
4County Clerk of .............) and ............ County; that
5said Board or Clerk refused to complete my registration as a
6qualified voter in said precinct, that I reside in said
7precinct (or that I intend to reside in said precinct), am a
8duly qualified voter and entitled to vote in said precinct at
9the next election.
10
...........................
11
(Signature of Applicant)"
12    All such applications shall be presented to the County
13Clerk by the applicant, in person between the hours of nine
14o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
15the third week subsequent to the weeks in which the 1961 and
161962 precinct re-registrations are to be held, and thereafter
17for the registration provided in Section 5-17 of this Article,
18all such applications shall be presented to the County Clerk by
19the applicant in person between the hours of nine o'clock a.m.
20and nine o'clock p.m. on Monday and Tuesday of the third week
21prior to the date on which such election is to be held.
22    Any otherwise qualified person who is absent from his
23county of residence either due to business of the United States
24or because he is temporarily outside the territorial limits of
25the United States may become registered by mailing an
26application to the county clerk within the periods of

 

 

09800SB0026ham001- 53 -LRB098 05310 KTG 46196 a

1registration provided for in this Article or by simultaneous
2application for absentee registration and absentee ballot as
3provided in Article 20 of this Code.
4    Upon receipt of such application the county clerk shall
5immediately mail an affidavit of registration in duplicate,
6which affidavit shall contain the following and such other
7information as the State Board of Elections may think it proper
8to require for the identification of the applicant:
9    Name. The name of the applicant, giving surname and first
10or Christian name in full, and the middle name or the initial
11for such middle name, if any.
12    Sex.
13    Residence. The name and number of the street, avenue or
14other location of the dwelling, and such additional clear and
15definite description as may be necessary to determine the exact
16location of the dwelling of the applicant. Where the location
17cannot be determined by street and number, then the Section,
18congressional township and range number may be used, or such
19other information as may be necessary, including post office
20mailing address.
21    Term of residence in the State of Illinois and the
22precinct.
23    Nativity. The State or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

09800SB0026ham001- 54 -LRB098 05310 KTG 46196 a

1naturalization.
2    Age. Date of birth, by month, day and year.
3    Out of State address of ..........................
4
AFFIDAVIT OF REGISTRATION
5State of .........)  
6                 )ss
7County of ........)
8    I hereby swear (or affirm) that I am a citizen of the
9United States; that on the day of the next election I shall
10have resided in the State of Illinois for 6 months and in the
11election precinct 30 days; that I am fully qualified to vote,
12that I am not registered to vote anywhere else in the United
13States, that I intend to remain a resident of the State of
14Illinois and of the election precinct, that I intend to return
15to the State of Illinois, and that the above statements are
16true.
17
..............................
18
(His or her signature or mark)
19    Subscribed and sworn to before me, an officer qualified to
20administer oaths, on (insert date).
21
........................................
22
Signature of officer administering oath.

 
23    Upon receipt of the executed duplicate affidavit of
24Registration, the county clerk shall transfer the information
25contained thereon to duplicate Registration Cards provided for

 

 

09800SB0026ham001- 55 -LRB098 05310 KTG 46196 a

1in Section 5-7 of this Article and shall attach thereto a copy
2of each of the duplicate affidavit of registration and
3thereafter such registration card and affidavit shall
4constitute the registration of such person the same as if he
5had applied for registration in person.
6(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
796-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
897-813, eff. 7-13-12.)
 
9    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
10    Sec. 5-16.3. The county clerk may establish temporary
11places of registration for such times and at such locations
12within the county as the county clerk may select. However, no
13temporary place of registration may be in operation during the
1427 days preceding an election. Notice of time and place of
15registration at any such temporary place of registration under
16this Section shall be published by the county clerk in a
17newspaper having a general circulation in the county not less
18than 3 nor more than 15 days before the holding of such
19registration.
20    Temporary places of registration shall be established so
21that the areas of concentration of population or use by the
22public are served, whether by facilities provided in places of
23private business or in public buildings or in mobile units.
24Areas which may be designated as temporary places of
25registration include, but are not limited to, facilities

 

 

09800SB0026ham001- 56 -LRB098 05310 KTG 46196 a

1licensed or certified pursuant to the Nursing Home Care Act,
2the Specialized Mental Health Rehabilitation Act of 2013, or
3the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
4shopping centers, business districts, public buildings and
5county fairs.
6    Temporary places of registration shall be available to the
7public not less than 2 hours per year for each 1,000 population
8or fraction thereof in the county.
9    All temporary places of registration shall be manned by
10deputy county clerks or deputy registrars appointed pursuant to
11Section 5-16.2.
12(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
13eff. 1-1-12; 97-813, eff. 7-13-12.)
 
14    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
15    Sec. 6-50.3. The board of election commissioners may
16establish temporary places of registration for such times and
17at such locations as the board may select. However, no
18temporary place of registration may be in operation during the
1927 days preceding an election. Notice of the time and place of
20registration at any such temporary place of registration under
21this Section shall be published by the board of election
22commissioners in a newspaper having a general circulation in
23the city, village or incorporated town not less than 3 nor more
24than 15 days before the holding of such registration.
25    Temporary places of registration shall be established so

 

 

09800SB0026ham001- 57 -LRB098 05310 KTG 46196 a

1that the areas of concentration of population or use by the
2public are served, whether by facilities provided in places of
3private business or in public buildings or in mobile units.
4Areas which may be designated as temporary places of
5registration include, but are not limited to, facilities
6licensed or certified pursuant to the Nursing Home Care Act,
7the Specialized Mental Health Rehabilitation Act of 2013, or
8the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
9shopping centers, business districts, public buildings and
10county fairs.
11    Temporary places of registration shall be available to the
12public not less than 2 hours per year for each 1,000 population
13or fraction thereof in the county.
14    All temporary places of registration shall be manned by
15employees of the board of election commissioners or deputy
16registrars appointed pursuant to Section 6-50.2.
17(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
18eff. 1-1-12; 97-813, eff. 7-13-12.)
 
19    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
20    Sec. 6-56. Not more than 30 nor less than 28 days before
21any election under this Article, all owners, managers,
22administrators or operators of hotels, lodging houses, rooming
23houses, furnished apartments or facilities licensed or
24certified under the Nursing Home Care Act, which house 4 or
25more persons, outside the members of the family of such owner,

 

 

09800SB0026ham001- 58 -LRB098 05310 KTG 46196 a

1manager, administrator or operator, shall file with the board
2of election commissioners a report, under oath, together with
3one copy thereof, in such form as may be required by the board
4of election commissioners, of the names and descriptions of all
5lodgers, guests or residents claiming a voting residence at the
6hotels, lodging houses, rooming houses, furnished apartments,
7or facility licensed or certified under the Nursing Home Care
8Act, the Specialized Mental Health Rehabilitation Act of 2013,
9or the ID/DD Community Care Act under their control. In
10counties having a population of 500,000 or more such report
11shall be made on forms mailed to them by the board of election
12commissioners. The board of election commissioners shall sort
13and assemble the sworn copies of the reports in numerical order
14according to ward and according to precincts within each ward
15and shall, not later than 5 days after the last day allowed by
16this Article for the filing of the reports, maintain one
17assembled set of sworn duplicate reports available for public
18inspection until 60 days after election days. Except as is
19otherwise expressly provided in this Article, the board shall
20not be required to perform any duties with respect to the sworn
21reports other than to mail, sort, assemble, post and file them
22as hereinabove provided.
23    Except in such cases where a precinct canvass is being
24conducted by the Board of Election Commissioners prior to a
25Primary or Election, the board of election commissioners shall
26compare the original copy of each such report with the list of

 

 

09800SB0026ham001- 59 -LRB098 05310 KTG 46196 a

1registered voters from such addresses. Every person registered
2from such address and not listed in such report or whose name
3is different from any name so listed, shall immediately after
4the last day of registration be sent a notice through the
5United States mail, at the address appearing upon his
6registration record card, requiring him to appear before the
7board of election commissioners on one of the days specified in
8Section 6-45 of this Article and show cause why his
9registration should not be cancelled. The provisions of
10Sections 6-45, 6-46 and 6-47 of this Article shall apply to
11such hearing and proceedings subsequent thereto.
12    Any owner, manager or operator of any such hotel, lodging
13house, rooming house or furnished apartment who shall fail or
14neglect to file such statement and copy thereof as in this
15Article provided, may, upon written information of the attorney
16for the election commissioners, be cited by the election
17commissioners or upon the complaint of any voter of such city,
18village or incorporated town, to appear before them and furnish
19such sworn statement and copy thereof and make such oral
20statements under oath regarding such hotel, lodging house,
21rooming house or furnished apartment, as the election
22commissioners may require. The election commissioners shall
23sit to hear such citations on the Friday of the fourth week
24preceding the week in which such election is to be held. Such
25citation shall be served not later than the day preceding the
26day on which it is returnable.

 

 

09800SB0026ham001- 60 -LRB098 05310 KTG 46196 a

1(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
2eff. 1-1-12; 97-813, eff. 7-13-12.)
 
3    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
4    Sec. 19-4. Mailing or delivery of ballots - Time.)
5Immediately upon the receipt of such application either by
6mail, not more than 40 days nor less than 5 days prior to such
7election, or by personal delivery not more than 40 days nor
8less than one day prior to such election, at the office of such
9election authority, it shall be the duty of such election
10authority to examine the records to ascertain whether or not
11such applicant is lawfully entitled to vote as requested,
12including a verification of the applicant's signature by
13comparison with the signature on the official registration
14record card, and if found so to be entitled to vote, to post
15within one business day thereafter the name, street address,
16ward and precinct number or township and district number, as
17the case may be, of such applicant given on a list, the pages
18of which are to be numbered consecutively to be kept by such
19election authority for such purpose in a conspicuous, open and
20public place accessible to the public at the entrance of the
21office of such election authority, and in such a manner that
22such list may be viewed without necessity of requesting
23permission therefor. Within one day after posting the name and
24other information of an applicant for an absentee ballot, the
25election authority shall transmit that name and other posted

 

 

09800SB0026ham001- 61 -LRB098 05310 KTG 46196 a

1information to the State Board of Elections, which shall
2maintain those names and other information in an electronic
3format on its website, arranged by county and accessible to
4State and local political committees. Within 2 business days
5after posting a name and other information on the list within
6its office, the election authority shall mail, postage prepaid,
7or deliver in person in such office an official ballot or
8ballots if more than one are to be voted at said election. Mail
9delivery of Temporarily Absent Student ballot applications
10pursuant to Section 19-12.3 shall be by nonforwardable mail.
11However, for the consolidated election, absentee ballots for
12certain precincts may be delivered to applicants not less than
1325 days before the election if so much time is required to have
14prepared and printed the ballots containing the names of
15persons nominated for offices at the consolidated primary. The
16election authority shall enclose with each absentee ballot or
17application written instructions on how voting assistance
18shall be provided pursuant to Section 17-14 and a document,
19written and approved by the State Board of Elections,
20enumerating the circumstances under which a person is
21authorized to vote by absentee ballot pursuant to this Article;
22such document shall also include a statement informing the
23applicant that if he or she falsifies or is solicited by
24another to falsify his or her eligibility to cast an absentee
25ballot, such applicant or other is subject to penalties
26pursuant to Section 29-10 and Section 29-20 of the Election

 

 

09800SB0026ham001- 62 -LRB098 05310 KTG 46196 a

1Code. Each election authority shall maintain a list of the
2name, street address, ward and precinct, or township and
3district number, as the case may be, of all applicants who have
4returned absentee ballots to such authority, and the name of
5such absent voter shall be added to such list within one
6business day from receipt of such ballot. If the absentee
7ballot envelope indicates that the voter was assisted in
8casting the ballot, the name of the person so assisting shall
9be included on the list. The list, the pages of which are to be
10numbered consecutively, shall be kept by each election
11authority in a conspicuous, open, and public place accessible
12to the public at the entrance of the office of the election
13authority and in a manner that the list may be viewed without
14necessity of requesting permission for viewing.
15    Each election authority shall maintain a list for each
16election of the voters to whom it has issued absentee ballots.
17The list shall be maintained for each precinct within the
18jurisdiction of the election authority. Prior to the opening of
19the polls on election day, the election authority shall deliver
20to the judges of election in each precinct the list of
21registered voters in that precinct to whom absentee ballots
22have been issued by mail.
23    Each election authority shall maintain a list for each
24election of voters to whom it has issued temporarily absent
25student ballots. The list shall be maintained for each election
26jurisdiction within which such voters temporarily abide.

 

 

09800SB0026ham001- 63 -LRB098 05310 KTG 46196 a

1Immediately after the close of the period during which
2application may be made by mail for absentee ballots, each
3election authority shall mail to each other election authority
4within the State a certified list of all such voters
5temporarily abiding within the jurisdiction of the other
6election authority.
7    In the event that the return address of an application for
8ballot by a physically incapacitated elector is that of a
9facility licensed or certified under the Nursing Home Care Act,
10the Specialized Mental Health Rehabilitation Act of 2013, or
11the ID/DD Community Care Act, within the jurisdiction of the
12election authority, and the applicant is a registered voter in
13the precinct in which such facility is located, the ballots
14shall be prepared and transmitted to a responsible judge of
15election no later than 9 a.m. on the Saturday, Sunday or Monday
16immediately preceding the election as designated by the
17election authority under Section 19-12.2. Such judge shall
18deliver in person on the designated day the ballot to the
19applicant on the premises of the facility from which
20application was made. The election authority shall by mail
21notify the applicant in such facility that the ballot will be
22delivered by a judge of election on the designated day.
23    All applications for absentee ballots shall be available at
24the office of the election authority for public inspection upon
25request from the time of receipt thereof by the election
26authority until 30 days after the election, except during the

 

 

09800SB0026ham001- 64 -LRB098 05310 KTG 46196 a

1time such applications are kept in the office of the election
2authority pursuant to Section 19-7, and except during the time
3such applications are in the possession of the judges of
4election.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
6eff. 1-1-12; 97-813, eff. 7-13-12.)
 
7    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
8    Sec. 19-12.1. Any qualified elector who has secured an
9Illinois Person with a Disability Identification Card in
10accordance with the Illinois Identification Card Act,
11indicating that the person named thereon has a Class 1A or
12Class 2 disability or any qualified voter who has a permanent
13physical incapacity of such a nature as to make it improbable
14that he will be able to be present at the polls at any future
15election, or any voter who is a resident of (i) a federally
16operated veterans' home, hospital, or facility located in
17Illinois or (ii) a facility licensed or certified pursuant to
18the Nursing Home Care Act, the Specialized Mental Health
19Rehabilitation Act of 2013, or the ID/DD Community Care Act and
20has a condition or disability of such a nature as to make it
21improbable that he will be able to be present at the polls at
22any future election, may secure a disabled voter's or nursing
23home resident's identification card, which will enable him to
24vote under this Article as a physically incapacitated or
25nursing home voter. For the purposes of this Section,

 

 

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1"federally operated veterans' home, hospital, or facility"
2means the long-term care facilities at the Jesse Brown VA
3Medical Center, Illiana Health Care System, Edward Hines, Jr.
4VA Hospital, Marion VA Medical Center, and Captain James A.
5Lovell Federal Health Care Center.
6    Application for a disabled voter's or nursing home
7resident's identification card shall be made either: (a) in
8writing, with voter's sworn affidavit, to the county clerk or
9board of election commissioners, as the case may be, and shall
10be accompanied by the affidavit of the attending physician
11specifically describing the nature of the physical incapacity
12or the fact that the voter is a nursing home resident and is
13physically unable to be present at the polls on election days;
14or (b) by presenting, in writing or otherwise, to the county
15clerk or board of election commissioners, as the case may be,
16proof that the applicant has secured an Illinois Person with a
17Disability Identification Card indicating that the person
18named thereon has a Class 1A or Class 2 disability. Upon the
19receipt of either the sworn-to application and the physician's
20affidavit or proof that the applicant has secured an Illinois
21Person with a Disability Identification Card indicating that
22the person named thereon has a Class 1A or Class 2 disability,
23the county clerk or board of election commissioners shall issue
24a disabled voter's or nursing home resident's identification
25card. Such identification cards shall be issued for a period of
265 years, upon the expiration of which time the voter may secure

 

 

09800SB0026ham001- 66 -LRB098 05310 KTG 46196 a

1a new card by making application in the same manner as is
2prescribed for the issuance of an original card, accompanied by
3a new affidavit of the attending physician. The date of
4expiration of such five-year period shall be made known to any
5interested person by the election authority upon the request of
6such person. Applications for the renewal of the identification
7cards shall be mailed to the voters holding such cards not less
8than 3 months prior to the date of expiration of the cards.
9    Each disabled voter's or nursing home resident's
10identification card shall bear an identification number, which
11shall be clearly noted on the voter's original and duplicate
12registration record cards. In the event the holder becomes
13physically capable of resuming normal voting, he must surrender
14his disabled voter's or nursing home resident's identification
15card to the county clerk or board of election commissioners
16before the next election.
17    The holder of a disabled voter's or nursing home resident's
18identification card may make application by mail for an
19official ballot within the time prescribed by Section 19-2.
20Such application shall contain the same information as is
21included in the form of application for ballot by a physically
22incapacitated elector prescribed in Section 19-3 except that it
23shall also include the applicant's disabled voter's
24identification card number and except that it need not be sworn
25to. If an examination of the records discloses that the
26applicant is lawfully entitled to vote, he shall be mailed a

 

 

09800SB0026ham001- 67 -LRB098 05310 KTG 46196 a

1ballot as provided in Section 19-4. The ballot envelope shall
2be the same as that prescribed in Section 19-5 for physically
3disabled voters, and the manner of voting and returning the
4ballot shall be the same as that provided in this Article for
5other absentee ballots, except that a statement to be
6subscribed to by the voter but which need not be sworn to shall
7be placed on the ballot envelope in lieu of the affidavit
8prescribed by Section 19-5.
9    Any person who knowingly subscribes to a false statement in
10connection with voting under this Section shall be guilty of a
11Class A misdemeanor.
12    For the purposes of this Section, "nursing home resident"
13includes a resident of (i) a federally operated veterans' home,
14hospital, or facility located in Illinois or (ii) a facility
15licensed under the ID/DD Community Care Act or the Specialized
16Mental Health Rehabilitation Act of 2013. For the purposes of
17this Section, "federally operated veterans' home, hospital, or
18facility" means the long-term care facilities at the Jesse
19Brown VA Medical Center, Illiana Health Care System, Edward
20Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
21James A. Lovell Federal Health Care Center.
22(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
23eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12;
2497-1064, eff. 1-1-13.)
 
25    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)

 

 

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1    Sec. 19-12.2. Voting by physically incapacitated electors
2who have made proper application to the election authority not
3later than 5 days before the regular primary and general
4election of 1980 and before each election thereafter shall be
5conducted on the premises of (i) federally operated veterans'
6homes, hospitals, and facilities located in Illinois or (ii)
7facilities licensed or certified pursuant to the Nursing Home
8Care Act, the Specialized Mental Health Rehabilitation Act of
92013, or the ID/DD Community Care Act for the sole benefit of
10residents of such homes, hospitals, and facilities. For the
11purposes of this Section, "federally operated veterans' home,
12hospital, or facility" means the long-term care facilities at
13the Jesse Brown VA Medical Center, Illiana Health Care System,
14Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
15Captain James A. Lovell Federal Health Care Center. Such voting
16shall be conducted during any continuous period sufficient to
17allow all applicants to cast their ballots between the hours of
189 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
19Monday immediately preceding the regular election. This
20absentee voting on one of said days designated by the election
21authority shall be supervised by two election judges who must
22be selected by the election authority in the following order of
23priority: (1) from the panel of judges appointed for the
24precinct in which such home, hospital, or facility is located,
25or from a panel of judges appointed for any other precinct
26within the jurisdiction of the election authority in the same

 

 

09800SB0026ham001- 69 -LRB098 05310 KTG 46196 a

1ward or township, as the case may be, in which the home,
2hospital, or facility is located or, only in the case where a
3judge or judges from the precinct, township or ward are
4unavailable to serve, (3) from a panel of judges appointed for
5any other precinct within the jurisdiction of the election
6authority. The two judges shall be from different political
7parties. Not less than 30 days before each regular election,
8the election authority shall have arranged with the chief
9administrative officer of each home, hospital, or facility in
10his or its election jurisdiction a mutually convenient time
11period on the Friday, Saturday, Sunday or Monday immediately
12preceding the election for such voting on the premises of the
13home, hospital, or facility and shall post in a prominent place
14in his or its office a notice of the agreed day and time period
15for conducting such voting at each home, hospital, or facility;
16provided that the election authority shall not later than noon
17on the Thursday before the election also post the names and
18addresses of those homes, hospitals, and facilities from which
19no applications were received and in which no supervised
20absentee voting will be conducted. All provisions of this Code
21applicable to pollwatchers shall be applicable herein. To the
22maximum extent feasible, voting booths or screens shall be
23provided to insure the privacy of the voter. Voting procedures
24shall be as described in Article 17 of this Code, except that
25ballots shall be treated as absentee ballots and shall not be
26counted until the close of the polls on the following day.

 

 

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1After the last voter has concluded voting, the judges shall
2seal the ballots in an envelope and affix their signatures
3across the flap of the envelope. Immediately thereafter, the
4judges shall bring the sealed envelope to the office of the
5election authority who shall deliver such ballots to the
6election authority's central ballot counting location prior to
7the closing of the polls on the day of election. The judges of
8election shall also report to the election authority the name
9of any applicant in the home, hospital, or facility who, due to
10unforeseen circumstance or condition or because of a religious
11holiday, was unable to vote. In this event, the election
12authority may appoint a qualified person from his or its staff
13to deliver the ballot to such applicant on the day of election.
14This staff person shall follow the same procedures prescribed
15for judges conducting absentee voting in such homes, hospitals,
16or facilities and shall return the ballot to the central ballot
17counting location before the polls close. However, if the home,
18hospital, or facility from which the application was made is
19also used as a regular precinct polling place for that voter,
20voting procedures heretofore prescribed may be implemented by 2
21of the election judges of opposite party affiliation assigned
22to that polling place during the hours of voting on the day of
23the election. Judges of election shall be compensated not less
24than $25.00 for conducting absentee voting in such homes,
25hospitals, or facilities.
26    Not less than 120 days before each regular election, the

 

 

09800SB0026ham001- 71 -LRB098 05310 KTG 46196 a

1Department of Public Health shall certify to the State Board of
2Elections a list of the facilities licensed or certified
3pursuant to the Nursing Home Care Act, the Specialized Mental
4Health Rehabilitation Act of 2013, or the ID/DD Community Care
5Act. The lists shall indicate the approved bed capacity and the
6name of the chief administrative officer of each such home,
7hospital, or facility, and the State Board of Elections shall
8certify the same to the appropriate election authority within
920 days thereafter.
10(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
11eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
12    Section 6-110. The Mental Health and Developmental
13Disabilities Administrative Act is amended by changing Section
1415 as follows:
 
15    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
16    Sec. 15. Before any person is released from a facility
17operated by the State pursuant to an absolute discharge or a
18conditional discharge from hospitalization under this Act, the
19facility director of the facility in which such person is
20hospitalized shall determine that such person is not currently
21in need of hospitalization and:
22        (a) is able to live independently in the community; or
23        (b) requires further oversight and supervisory care
24    for which arrangements have been made with responsible

 

 

09800SB0026ham001- 72 -LRB098 05310 KTG 46196 a

1    relatives or supervised residential program approved by
2    the Department; or
3        (c) requires further personal care or general
4    oversight as defined by the ID/DD Community Care Act or the
5    Specialized Mental Health Rehabilitation Act of 2013, for
6    which placement arrangements have been made with a suitable
7    family home or other licensed facility approved by the
8    Department under this Section; or
9        (d) requires community mental health services for
10    which arrangements have been made with a community mental
11    health provider in accordance with criteria, standards,
12    and procedures promulgated by rule.
13    Such determination shall be made in writing and shall
14become a part of the facility record of such absolutely or
15conditionally discharged person. When the determination
16indicates that the condition of the person to be granted an
17absolute discharge or a conditional discharge is described
18under subparagraph (c) or (d) of this Section, the name and
19address of the continuing care facility or home to which such
20person is to be released shall be entered in the facility
21record. Where a discharge from a mental health facility is made
22under subparagraph (c), the Department shall assign the person
23so discharged to an existing community based not-for-profit
24agency for participation in day activities suitable to the
25person's needs, such as but not limited to social and
26vocational rehabilitation, and other recreational, educational

 

 

09800SB0026ham001- 73 -LRB098 05310 KTG 46196 a

1and financial activities unless the community based
2not-for-profit agency is unqualified to accept such
3assignment. Where the clientele of any not-for-profit agency
4increases as a result of assignments under this amendatory Act
5of 1977 by more than 3% over the prior year, the Department
6shall fully reimburse such agency for the costs of providing
7services to such persons in excess of such 3% increase. The
8Department shall keep written records detailing how many
9persons have been assigned to a community based not-for-profit
10agency and how many persons were not so assigned because the
11community based agency was unable to accept the assignments, in
12accordance with criteria, standards, and procedures
13promulgated by rule. Whenever a community based agency is found
14to be unable to accept the assignments, the name of the agency
15and the reason for the finding shall be included in the report.
16    Insofar as desirable in the interests of the former
17recipient, the facility, program or home in which the
18discharged person is to be placed shall be located in or near
19the community in which the person resided prior to
20hospitalization or in the community in which the person's
21family or nearest next of kin presently reside. Placement of
22the discharged person in facilities, programs or homes located
23outside of this State shall not be made by the Department
24unless there are no appropriate facilities, programs or homes
25available within this State. Out-of-state placements shall be
26subject to return of recipients so placed upon the availability

 

 

09800SB0026ham001- 74 -LRB098 05310 KTG 46196 a

1of facilities, programs or homes within this State to
2accommodate these recipients, except where placement in a
3contiguous state results in locating a recipient in a facility
4or program closer to the recipient's home or family. If an
5appropriate facility or program becomes available equal to or
6closer to the recipient's home or family, the recipient shall
7be returned to and placed at the appropriate facility or
8program within this State.
9    To place any person who is under a program of the
10Department at board in a suitable family home or in such other
11facility or program as the Department may consider desirable.
12The Department may place in licensed nursing homes, sheltered
13care homes, or homes for the aged those persons whose
14behavioral manifestations and medical and nursing care needs
15are such as to be substantially indistinguishable from persons
16already living in such facilities. Prior to any placement by
17the Department under this Section, a determination shall be
18made by the personnel of the Department, as to the capability
19and suitability of such facility to adequately meet the needs
20of the person to be discharged. When specialized programs are
21necessary in order to enable persons in need of supervised
22living to develop and improve in the community, the Department
23shall place such persons only in specialized residential care
24facilities which shall meet Department standards including
25restricted admission policy, special staffing and programming
26for social and vocational rehabilitation, in addition to the

 

 

09800SB0026ham001- 75 -LRB098 05310 KTG 46196 a

1requirements of the appropriate State licensing agency. The
2Department shall not place any new person in a facility the
3license of which has been revoked or not renewed on grounds of
4inadequate programming, staffing, or medical or adjunctive
5services, regardless of the pendency of an action for
6administrative review regarding such revocation or failure to
7renew. Before the Department may transfer any person to a
8licensed nursing home, sheltered care home or home for the aged
9or place any person in a specialized residential care facility
10the Department shall notify the person to be transferred, or a
11responsible relative of such person, in writing, at least 30
12days before the proposed transfer, with respect to all the
13relevant facts concerning such transfer, except in cases of
14emergency when such notice is not required. If either the
15person to be transferred or a responsible relative of such
16person objects to such transfer, in writing to the Department,
17at any time after receipt of notice and before the transfer,
18the facility director of the facility in which the person was a
19recipient shall immediately schedule a hearing at the facility
20with the presence of the facility director, the person who
21objected to such proposed transfer, and a psychiatrist who is
22familiar with the record of the person to be transferred. Such
23person to be transferred or a responsible relative may be
24represented by such counsel or interested party as he may
25appoint, who may present such testimony with respect to the
26proposed transfer. Testimony presented at such hearing shall

 

 

09800SB0026ham001- 76 -LRB098 05310 KTG 46196 a

1become a part of the facility record of the
2person-to-be-transferred. The record of testimony shall be
3held in the person-to-be-transferred's record in the central
4files of the facility. If such hearing is held a transfer may
5only be implemented, if at all, in accordance with the results
6of such hearing. Within 15 days after such hearing the facility
7director shall deliver his findings based on the record of the
8case and the testimony presented at the hearing, by registered
9or certified mail, to the parties to such hearing. The findings
10of the facility director shall be deemed a final administrative
11decision of the Department. For purposes of this Section, "case
12of emergency" means those instances in which the health of the
13person to be transferred is imperiled and the most appropriate
14mental health care or medical care is available at a licensed
15nursing home, sheltered care home or home for the aged or a
16specialized residential care facility.
17    Prior to placement of any person in a facility under this
18Section the Department shall ensure that an appropriate
19training plan for staff is provided by the facility. Said
20training may include instruction and demonstration by
21Department personnel qualified in the area of mental illness or
22intellectual disabilities, as applicable to the person to be
23placed. Training may be given both at the facility from which
24the recipient is transferred and at the facility receiving the
25recipient, and may be available on a continuing basis
26subsequent to placement. In a facility providing services to

 

 

09800SB0026ham001- 77 -LRB098 05310 KTG 46196 a

1former Department recipients, training shall be available as
2necessary for facility staff. Such training will be on a
3continuing basis as the needs of the facility and recipients
4change and further training is required.
5    The Department shall not place any person in a facility
6which does not have appropriately trained staff in sufficient
7numbers to accommodate the recipient population already at the
8facility. As a condition of further or future placements of
9persons, the Department shall require the employment of
10additional trained staff members at the facility where said
11persons are to be placed. The Secretary, or his or her
12designate, shall establish written guidelines for placement of
13persons in facilities under this Act. The Department shall keep
14written records detailing which facilities have been
15determined to have staff who have been appropriately trained by
16the Department and all training which it has provided or
17required under this Section.
18    Bills for the support for a person boarded out shall be
19payable monthly out of the proper maintenance funds and shall
20be audited as any other accounts of the Department. If a person
21is placed in a facility or program outside the Department, the
22Department may pay the actual costs of residence, treatment or
23maintenance in such facility and may collect such actual costs
24or a portion thereof from the recipient or the estate of a
25person placed in accordance with this Section.
26    Other than those placed in a family home the Department

 

 

09800SB0026ham001- 78 -LRB098 05310 KTG 46196 a

1shall cause all persons who are placed in a facility, as
2defined by the ID/DD Community Care Act or the Specialized
3Mental Health Rehabilitation Act of 2013, or in designated
4community living situations or programs, to be visited at least
5once during the first month following placement, and once every
6month thereafter for the first year following placement when
7indicated, but at least quarterly. After the first year, the
8Department shall determine at what point the appropriate
9licensing entity for the facility or designated community
10living situation or program will assume the responsibility of
11ensuring that appropriate services are being provided to the
12resident. Once that responsibility is assumed, the Department
13may discontinue such visits. If a long term care facility has
14periodic care plan conferences, the visitor may participate in
15those conferences, if such participation is approved by the
16resident or the resident's guardian. Visits shall be made by
17qualified and trained Department personnel, or their designee,
18in the area of mental health or developmental disabilities
19applicable to the person visited, and shall be made on a more
20frequent basis when indicated. The Department may not use as
21designee any personnel connected with or responsible to the
22representatives of any facility in which persons who have been
23transferred under this Section are placed. In the course of
24such visit there shall be consideration of the following areas,
25but not limited thereto: effects of transfer on physical and
26mental health of the person, sufficiency of nursing care and

 

 

09800SB0026ham001- 79 -LRB098 05310 KTG 46196 a

1medical coverage required by the person, sufficiency of staff
2personnel and ability to provide basic care for the person,
3social, recreational and programmatic activities available for
4the person, and other appropriate aspects of the person's
5environment.
6    A report containing the above observations shall be made to
7the Department, to the licensing agency, and to any other
8appropriate agency subsequent to each visitation. The report
9shall contain recommendations to improve the care and treatment
10of the resident, as necessary, which shall be reviewed by the
11facility's interdisciplinary team and the resident or the
12resident's legal guardian.
13    Upon the complaint of any person placed in accordance with
14this Section or any responsible citizen or upon discovery that
15such person has been abused, neglected, or improperly cared
16for, or that the placement does not provide the type of care
17required by the recipient's current condition, the Department
18immediately shall investigate, and determine if the
19well-being, health, care, or safety of any person is affected
20by any of the above occurrences, and if any one of the above
21occurrences is verified, the Department shall remove such
22person at once to a facility of the Department or to another
23facility outside the Department, provided such person's needs
24can be met at said facility. The Department may also provide
25any person placed in accordance with this Section who is
26without available funds, and who is permitted to engage in

 

 

09800SB0026ham001- 80 -LRB098 05310 KTG 46196 a

1employment outside the facility, such sums for the
2transportation, and other expenses as may be needed by him
3until he receives his wages for such employment.
4    The Department shall promulgate rules and regulations
5governing the purchase of care for persons who are wards of or
6who are receiving services from the Department. Such rules and
7regulations shall apply to all monies expended by any agency of
8the State of Illinois for services rendered by any person,
9corporate entity, agency, governmental agency or political
10subdivision whether public or private outside of the Department
11whether payment is made through a contractual, per-diem or
12other arrangement. No funds shall be paid to any person,
13corporation, agency, governmental entity or political
14subdivision without compliance with such rules and
15regulations.
16    The rules and regulations governing purchase of care shall
17describe categories and types of service deemed appropriate for
18purchase by the Department.
19    Any provider of services under this Act may elect to
20receive payment for those services, and the Department is
21authorized to arrange for that payment, by means of direct
22deposit transmittals to the service provider's account
23maintained at a bank, savings and loan association, or other
24financial institution. The financial institution shall be
25approved by the Department, and the deposits shall be in
26accordance with rules and regulations adopted by the

 

 

09800SB0026ham001- 81 -LRB098 05310 KTG 46196 a

1Department.
2(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
3eff. 1-1-12; 97-813, eff. 7-13-12.)
 
4    Section 6-115. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Sections 2310-550, 2310-560, 2310-565, and
72310-625 as follows:
 
8    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
9    Sec. 2310-550. Long-term care facilities. The Department
10may perform, in all long-term care facilities as defined in the
11Nursing Home Care Act, all facilities as defined in the
12Specialized Mental Health Rehabilitation Act of 2013, and all
13facilities as defined in the ID/DD Community Care Act, all
14inspection, evaluation, certification, and inspection of care
15duties that the federal government may require the State of
16Illinois to perform or have performed as a condition of
17participation in any programs under Title XVIII or Title XIX of
18the federal Social Security Act.
19(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
20eff. 1-1-12; 97-813, eff. 7-13-12.)
 
21    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
22    Sec. 2310-560. Advisory committees concerning construction
23of facilities.

 

 

09800SB0026ham001- 82 -LRB098 05310 KTG 46196 a

1    (a) The Director shall appoint an advisory committee. The
2committee shall be established by the Department by rule. The
3Director and the Department shall consult with the advisory
4committee concerning the application of building codes and
5Department rules related to those building codes to facilities
6under the Ambulatory Surgical Treatment Center Act, the Nursing
7Home Care Act, the Specialized Mental Health Rehabilitation Act
8of 2013, and the ID/DD Community Care Act.
9    (b) The Director shall appoint an advisory committee to
10advise the Department and to conduct informal dispute
11resolution concerning the application of building codes for new
12and existing construction and related Department rules and
13standards under the Hospital Licensing Act, including without
14limitation rules and standards for (i) design and construction,
15(ii) engineering and maintenance of the physical plant, site,
16equipment, and systems (heating, cooling, electrical,
17ventilation, plumbing, water, sewer, and solid waste
18disposal), and (iii) fire and safety. The advisory committee
19shall be composed of all of the following members:
20        (1) The chairperson or an elected representative from
21    the Hospital Licensing Board under the Hospital Licensing
22    Act.
23        (2) Two health care architects with a minimum of 10
24    years of experience in institutional design and building
25    code analysis.
26        (3) Two engineering professionals (one mechanical and

 

 

09800SB0026ham001- 83 -LRB098 05310 KTG 46196 a

1    one electrical) with a minimum of 10 years of experience in
2    institutional design and building code analysis.
3        (4) One commercial interior design professional with a
4    minimum of 10 years of experience.
5        (5) Two representatives from provider associations.
6        (6) The Director or his or her designee, who shall
7    serve as the committee moderator.
8    Appointments shall be made with the concurrence of the
9Hospital Licensing Board. The committee shall submit
10recommendations concerning the application of building codes
11and related Department rules and standards to the Hospital
12Licensing Board for review and comment prior to submission to
13the Department. The committee shall submit recommendations
14concerning informal dispute resolution to the Director. The
15Department shall provide per diem and travel expenses to the
16committee members.
17(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
18eff. 1-1-12; 97-813, eff. 7-13-12.)
 
19    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)
20    Sec. 2310-565. Facility construction training program. The
21Department shall conduct, at least annually, a joint in-service
22training program for architects, engineers, interior
23designers, and other persons involved in the construction of a
24facility under the Ambulatory Surgical Treatment Center Act,
25the Nursing Home Care Act, the Specialized Mental Health

 

 

09800SB0026ham001- 84 -LRB098 05310 KTG 46196 a

1Rehabilitation Act of 2013, the ID/DD Community Care Act, or
2the Hospital Licensing Act on problems and issues relating to
3the construction of facilities under any of those Acts.
4(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
5eff. 1-1-12; 97-813, eff. 7-13-12.)
 
6    (20 ILCS 2310/2310-625)
7    Sec. 2310-625. Emergency Powers.
8    (a) Upon proclamation of a disaster by the Governor, as
9provided for in the Illinois Emergency Management Agency Act,
10the Director of Public Health shall have the following powers,
11which shall be exercised only in coordination with the Illinois
12Emergency Management Agency and the Department of Financial and
13Professional Regulation:
14        (1) The power to suspend the requirements for temporary
15    or permanent licensure or certification of persons who are
16    licensed or certified in another state and are working
17    under the direction of the Illinois Emergency Management
18    Agency and the Illinois Department of Public Health
19    pursuant to the declared disaster.
20        (2) The power to modify the scope of practice
21    restrictions under the Emergency Medical Services (EMS)
22    Systems Act for any persons who are licensed under that Act
23    for any person working under the direction of the Illinois
24    Emergency Management Agency and the Illinois Department of
25    Public Health pursuant to the declared disaster.

 

 

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1        (3) The power to modify the scope of practice
2    restrictions under the Nursing Home Care Act, the
3    Specialized Mental Health Rehabilitation Act of 2013, or
4    the ID/DD Community Care Act for Certified Nursing
5    Assistants for any person working under the direction of
6    the Illinois Emergency Management Agency and the Illinois
7    Department of Public Health pursuant to the declared
8    disaster.
9    (b) Persons exempt from licensure or certification under
10paragraph (1) of subsection (a) and persons operating under
11modified scope of practice provisions under paragraph (2) of
12subsection (a) and paragraph (3) of subsection (a) shall be
13exempt from licensure or certification or subject to modified
14scope of practice only until the declared disaster has ended as
15provided by law. For purposes of this Section, persons working
16under the direction of an emergency services and disaster
17agency accredited by the Illinois Emergency Management Agency
18and a local public health department, pursuant to a declared
19disaster, shall be deemed to be working under the direction of
20the Illinois Emergency Management Agency and the Department of
21Public Health.
22    (c) The Director shall exercise these powers by way of
23proclamation.
24(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
25eff. 1-1-12; 97-813, eff. 7-13-12.)
 

 

 

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1    Section 6-120. The Abuse of Adults with Disabilities
2Intervention Act is amended by changing Section 15 as follows:
 
3    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
4    Sec. 15. Definitions. As used in this Act:
5    "Abuse" means causing any physical, sexual, or mental abuse
6to an adult with disabilities, including exploitation of the
7adult's financial resources. Nothing in this Act shall be
8construed to mean that an adult with disabilities is a victim
9of abuse or neglect for the sole reason that he or she is being
10furnished with or relies upon treatment by spiritual means
11through prayer alone, in accordance with the tenets and
12practices of a recognized church or religious denomination.
13Nothing in this Act shall be construed to mean that an adult
14with disabilities is a victim of abuse because of health care
15services provided or not provided by licensed health care
16professionals.
17    "Adult with disabilities" means a person aged 18 through 59
18who resides in a domestic living situation and whose physical
19or mental disability impairs his or her ability to seek or
20obtain protection from abuse, neglect, or exploitation.
21    "Department" means the Department of Human Services.
22    "Adults with Disabilities Abuse Project" or "project"
23means that program within the Office of Inspector General
24designated by the Department of Human Services to receive and
25assess reports of alleged or suspected abuse, neglect, or

 

 

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1exploitation of adults with disabilities.
2    "Domestic living situation" means a residence where the
3adult with disabilities lives alone or with his or her family
4or household members, a care giver, or others or at a board and
5care home or other community-based unlicensed facility, but is
6not:
7        (1) A licensed facility as defined in Section 1-113 of
8    the Nursing Home Care Act or Section 1-113 of the ID/DD
9    Community Care Act or Section 1-102 1-113 of the
10    Specialized Mental Health Rehabilitation Act of 2013.
11        (2) A life care facility as defined in the Life Care
12    Facilities Act.
13        (3) A home, institution, or other place operated by the
14    federal government, a federal agency, or the State.
15        (4) A hospital, sanitarium, or other institution, the
16    principal activity or business of which is the diagnosis,
17    care, and treatment of human illness through the
18    maintenance and operation of organized facilities and that
19    is required to be licensed under the Hospital Licensing
20    Act.
21        (5) A community living facility as defined in the
22    Community Living Facilities Licensing Act.
23        (6) A community-integrated living arrangement as
24    defined in the Community-Integrated Living Arrangements
25    Licensure and Certification Act or community residential
26    alternative as licensed under that Act.

 

 

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1    "Emergency" means a situation in which an adult with
2disabilities is in danger of death or great bodily harm.
3    "Family or household members" means a person who as a
4family member, volunteer, or paid care provider has assumed
5responsibility for all or a portion of the care of an adult
6with disabilities who needs assistance with activities of daily
7living.
8    "Financial exploitation" means the illegal, including
9tortious, use of the assets or resources of an adult with
10disabilities. Exploitation includes, but is not limited to, the
11misappropriation of assets or resources of an adult with
12disabilities by undue influence, by breach of a fiduciary
13relationship, by fraud, deception, or extortion, or by the use
14of the assets or resources in a manner contrary to law.
15    "Mental abuse" means the infliction of emotional or mental
16distress by a caregiver, a family member, or any person with
17ongoing access to a person with disabilities by threat of harm,
18humiliation, or other verbal or nonverbal conduct.
19    "Neglect" means the failure of another individual to
20provide an adult with disabilities with or the willful
21withholding from an adult with disabilities the necessities of
22life, including, but not limited to, food, clothing, shelter,
23or medical care.
24    Nothing in the definition of "neglect" shall be construed
25to impose a requirement that assistance be provided to an adult
26with disabilities over his or her objection in the absence of a

 

 

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1court order, nor to create any new affirmative duty to provide
2support, assistance, or intervention to an adult with
3disabilities. Nothing in this Act shall be construed to mean
4that an adult with disabilities is a victim of neglect because
5of health care services provided or not provided by licensed
6health care professionals.
7    "Physical abuse" means any of the following acts:
8        (1) knowing or reckless use of physical force,
9    confinement, or restraint;
10        (2) knowing, repeated, and unnecessary sleep
11    deprivation;
12        (3) knowing or reckless conduct which creates an
13    immediate risk of physical harm; or
14        (4) when committed by a caregiver, a family member, or
15    any person with ongoing access to a person with
16    disabilities, directing another person to physically abuse
17    a person with disabilities.
18    "Secretary" means the Secretary of Human Services.
19    "Sexual abuse" means touching, fondling, sexual threats,
20sexually inappropriate remarks, or any other sexual activity
21with an adult with disabilities when the adult with
22disabilities is unable to understand, unwilling to consent,
23threatened, or physically forced to engage in sexual behavior.
24Sexual abuse includes acts of sexual exploitation including,
25but not limited to, facilitating or compelling an adult with
26disabilities to become a prostitute, or receiving anything of

 

 

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1value from an adult with disabilities knowing it was obtained
2in whole or in part from the practice of prostitution.
3    "Substantiated case" means a reported case of alleged or
4suspected abuse, neglect, or exploitation in which the Adults
5with Disabilities Abuse Project staff, after assessment,
6determines that there is reason to believe abuse, neglect, or
7exploitation has occurred.
8(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
9eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)
 
10    Section 6-125. The Illinois Finance Authority Act is
11amended by changing Section 801-10 as follows:
 
12    (20 ILCS 3501/801-10)
13    Sec. 801-10. Definitions. The following terms, whenever
14used or referred to in this Act, shall have the following
15meanings, except in such instances where the context may
16clearly indicate otherwise:
17    (a) The term "Authority" means the Illinois Finance
18Authority created by this Act.
19    (b) The term "project" means an industrial project,
20conservation project, housing project, public purpose project,
21higher education project, health facility project, cultural
22institution project, agricultural facility or agribusiness,
23and "project" may include any combination of one or more of the
24foregoing undertaken jointly by any person with one or more

 

 

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1other persons.
2    (c) The term "public purpose project" means any project or
3facility including without limitation land, buildings,
4structures, machinery, equipment and all other real and
5personal property, which is authorized or required by law to be
6acquired, constructed, improved, rehabilitated, reconstructed,
7replaced or maintained by any unit of government or any other
8lawful public purpose which is authorized or required by law to
9be undertaken by any unit of government.
10    (d) The term "industrial project" means the acquisition,
11construction, refurbishment, creation, development or
12redevelopment of any facility, equipment, machinery, real
13property or personal property for use by any instrumentality of
14the State or its political subdivisions, for use by any person
15or institution, public or private, for profit or not for
16profit, or for use in any trade or business including, but not
17limited to, any industrial, manufacturing or commercial
18enterprise and which is (1) a capital project including but not
19limited to: (i) land and any rights therein, one or more
20buildings, structures or other improvements, machinery and
21equipment, whether now existing or hereafter acquired, and
22whether or not located on the same site or sites; (ii) all
23appurtenances and facilities incidental to the foregoing,
24including, but not limited to utilities, access roads, railroad
25sidings, track, docking and similar facilities, parking
26facilities, dockage, wharfage, railroad roadbed, track,

 

 

09800SB0026ham001- 92 -LRB098 05310 KTG 46196 a

1trestle, depot, terminal, switching and signaling or related
2equipment, site preparation and landscaping; and (iii) all
3non-capital costs and expenses relating thereto or (2) any
4addition to, renovation, rehabilitation or improvement of a
5capital project or (3) any activity or undertaking which the
6Authority determines will aid, assist or encourage economic
7growth, development or redevelopment within the State or any
8area thereof, will promote the expansion, retention or
9diversification of employment opportunities within the State
10or any area thereof or will aid in stabilizing or developing
11any industry or economic sector of the State economy. The term
12"industrial project" also means the production of motion
13pictures.
14    (e) The term "bond" or "bonds" shall include bonds, notes
15(including bond, grant or revenue anticipation notes),
16certificates and/or other evidences of indebtedness
17representing an obligation to pay money, including refunding
18bonds.
19    (f) The terms "lease agreement" and "loan agreement" shall
20mean: (i) an agreement whereby a project acquired by the
21Authority by purchase, gift or lease is leased to any person,
22corporation or unit of local government which will use or cause
23the project to be used as a project as heretofore defined upon
24terms providing for lease rental payments at least sufficient
25to pay when due all principal of, interest and premium, if any,
26on any bonds of the Authority issued with respect to such

 

 

09800SB0026ham001- 93 -LRB098 05310 KTG 46196 a

1project, providing for the maintenance, insuring and operation
2of the project on terms satisfactory to the Authority,
3providing for disposition of the project upon termination of
4the lease term, including purchase options or abandonment of
5the premises, and such other terms as may be deemed desirable
6by the Authority, or (ii) any agreement pursuant to which the
7Authority agrees to loan the proceeds of its bonds issued with
8respect to a project or other funds of the Authority to any
9person which will use or cause the project to be used as a
10project as heretofore defined upon terms providing for loan
11repayment installments at least sufficient to pay when due all
12principal of, interest and premium, if any, on any bonds of the
13Authority, if any, issued with respect to the project, and
14providing for maintenance, insurance and other matters as may
15be deemed desirable by the Authority.
16    (g) The term "financial aid" means the expenditure of
17Authority funds or funds provided by the Authority through the
18issuance of its bonds, notes or other evidences of indebtedness
19or from other sources for the development, construction,
20acquisition or improvement of a project.
21    (h) The term "person" means an individual, corporation,
22unit of government, business trust, estate, trust, partnership
23or association, 2 or more persons having a joint or common
24interest, or any other legal entity.
25    (i) The term "unit of government" means the federal
26government, the State or unit of local government, a school

 

 

09800SB0026ham001- 94 -LRB098 05310 KTG 46196 a

1district, or any agency or instrumentality, office, officer,
2department, division, bureau, commission, college or
3university thereof.
4    (j) The term "health facility" means: (a) any public or
5private institution, place, building, or agency required to be
6licensed under the Hospital Licensing Act; (b) any public or
7private institution, place, building, or agency required to be
8licensed under the Nursing Home Care Act, the Specialized
9Mental Health Rehabilitation Act of 2013, or the ID/DD
10Community Care Act; (c) any public or licensed private hospital
11as defined in the Mental Health and Developmental Disabilities
12Code; (d) any such facility exempted from such licensure when
13the Director of Public Health attests that such exempted
14facility meets the statutory definition of a facility subject
15to licensure; (e) any other public or private health service
16institution, place, building, or agency which the Director of
17Public Health attests is subject to certification by the
18Secretary, U.S. Department of Health and Human Services under
19the Social Security Act, as now or hereafter amended, or which
20the Director of Public Health attests is subject to
21standard-setting by a recognized public or voluntary
22accrediting or standard-setting agency; (f) any public or
23private institution, place, building or agency engaged in
24providing one or more supporting services to a health facility;
25(g) any public or private institution, place, building or
26agency engaged in providing training in the healing arts,

 

 

09800SB0026ham001- 95 -LRB098 05310 KTG 46196 a

1including but not limited to schools of medicine, dentistry,
2osteopathy, optometry, podiatry, pharmacy or nursing, schools
3for the training of x-ray, laboratory or other health care
4technicians and schools for the training of para-professionals
5in the health care field; (h) any public or private congregate,
6life or extended care or elderly housing facility or any public
7or private home for the aged or infirm, including, without
8limitation, any Facility as defined in the Life Care Facilities
9Act; (i) any public or private mental, emotional or physical
10rehabilitation facility or any public or private educational,
11counseling, or rehabilitation facility or home, for those
12persons with a developmental disability, those who are
13physically ill or disabled, the emotionally disturbed, those
14persons with a mental illness or persons with learning or
15similar disabilities or problems; (j) any public or private
16alcohol, drug or substance abuse diagnosis, counseling
17treatment or rehabilitation facility, (k) any public or private
18institution, place, building or agency licensed by the
19Department of Children and Family Services or which is not so
20licensed but which the Director of Children and Family Services
21attests provides child care, child welfare or other services of
22the type provided by facilities subject to such licensure; (l)
23any public or private adoption agency or facility; and (m) any
24public or private blood bank or blood center. "Health facility"
25also means a public or private structure or structures suitable
26primarily for use as a laboratory, laundry, nurses or interns

 

 

09800SB0026ham001- 96 -LRB098 05310 KTG 46196 a

1residence or other housing or hotel facility used in whole or
2in part for staff, employees or students and their families,
3patients or relatives of patients admitted for treatment or
4care in a health facility, or persons conducting business with
5a health facility, physician's facility, surgicenter,
6administration building, research facility, maintenance,
7storage or utility facility and all structures or facilities
8related to any of the foregoing or required or useful for the
9operation of a health facility, including parking or other
10facilities or other supporting service structures required or
11useful for the orderly conduct of such health facility. "Health
12facility" also means, with respect to a project located outside
13the State, any public or private institution, place, building,
14or agency which provides services similar to those described
15above, provided that such project is owned, operated, leased or
16managed by a participating health institution located within
17the State, or a participating health institution affiliated
18with an entity located within the State.
19    (k) The term "participating health institution" means (i) a
20private corporation or association or (ii) a public entity of
21this State, in either case authorized by the laws of this State
22or the applicable state to provide or operate a health facility
23as defined in this Act and which, pursuant to the provisions of
24this Act, undertakes the financing, construction or
25acquisition of a project or undertakes the refunding or
26refinancing of obligations, loans, indebtedness or advances as

 

 

09800SB0026ham001- 97 -LRB098 05310 KTG 46196 a

1provided in this Act.
2    (l) The term "health facility project", means a specific
3health facility work or improvement to be financed or
4refinanced (including without limitation through reimbursement
5of prior expenditures), acquired, constructed, enlarged,
6remodeled, renovated, improved, furnished, or equipped, with
7funds provided in whole or in part hereunder, any accounts
8receivable, working capital, liability or insurance cost or
9operating expense financing or refinancing program of a health
10facility with or involving funds provided in whole or in part
11hereunder, or any combination thereof.
12    (m) The term "bond resolution" means the resolution or
13resolutions authorizing the issuance of, or providing terms and
14conditions related to, bonds issued under this Act and
15includes, where appropriate, any trust agreement, trust
16indenture, indenture of mortgage or deed of trust providing
17terms and conditions for such bonds.
18    (n) The term "property" means any real, personal or mixed
19property, whether tangible or intangible, or any interest
20therein, including, without limitation, any real estate,
21leasehold interests, appurtenances, buildings, easements,
22equipment, furnishings, furniture, improvements, machinery,
23rights of way, structures, accounts, contract rights or any
24interest therein.
25    (o) The term "revenues" means, with respect to any project,
26the rents, fees, charges, interest, principal repayments,

 

 

09800SB0026ham001- 98 -LRB098 05310 KTG 46196 a

1collections and other income or profit derived therefrom.
2    (p) The term "higher education project" means, in the case
3of a private institution of higher education, an educational
4facility to be acquired, constructed, enlarged, remodeled,
5renovated, improved, furnished, or equipped, or any
6combination thereof.
7    (q) The term "cultural institution project" means, in the
8case of a cultural institution, a cultural facility to be
9acquired, constructed, enlarged, remodeled, renovated,
10improved, furnished, or equipped, or any combination thereof.
11    (r) The term "educational facility" means any property
12located within the State, or any property located outside the
13State, provided that, if the property is located outside the
14State, it must be owned, operated, leased or managed by an
15entity located within the State or an entity affiliated with an
16entity located within the State, in each case constructed or
17acquired before or after the effective date of this Act, which
18is or will be, in whole or in part, suitable for the
19instruction, feeding, recreation or housing of students, the
20conducting of research or other work of a private institution
21of higher education, the use by a private institution of higher
22education in connection with any educational, research or
23related or incidental activities then being or to be conducted
24by it, or any combination of the foregoing, including, without
25limitation, any such property suitable for use as or in
26connection with any one or more of the following: an academic

 

 

09800SB0026ham001- 99 -LRB098 05310 KTG 46196 a

1facility, administrative facility, agricultural facility,
2assembly hall, athletic facility, auditorium, boating
3facility, campus, communication facility, computer facility,
4continuing education facility, classroom, dining hall,
5dormitory, exhibition hall, fire fighting facility, fire
6prevention facility, food service and preparation facility,
7gymnasium, greenhouse, health care facility, hospital,
8housing, instructional facility, laboratory, library,
9maintenance facility, medical facility, museum, offices,
10parking area, physical education facility, recreational
11facility, research facility, stadium, storage facility,
12student union, study facility, theatre or utility.
13    (s) The term "cultural facility" means any property located
14within the State, or any property located outside the State,
15provided that, if the property is located outside the State, it
16must be owned, operated, leased or managed by an entity located
17within the State or an entity affiliated with an entity located
18within the State, in each case constructed or acquired before
19or after the effective date of this Act, which is or will be,
20in whole or in part, suitable for the particular purposes or
21needs of a cultural institution, including, without
22limitation, any such property suitable for use as or in
23connection with any one or more of the following: an
24administrative facility, aquarium, assembly hall, auditorium,
25botanical garden, exhibition hall, gallery, greenhouse,
26library, museum, scientific laboratory, theater or zoological

 

 

09800SB0026ham001- 100 -LRB098 05310 KTG 46196 a

1facility, and shall also include, without limitation, books,
2works of art or music, animal, plant or aquatic life or other
3items for display, exhibition or performance. The term
4"cultural facility" includes buildings on the National
5Register of Historic Places which are owned or operated by
6nonprofit entities.
7    (t) "Private institution of higher education" means a
8not-for-profit educational institution which is not owned by
9the State or any political subdivision, agency,
10instrumentality, district or municipality thereof, which is
11authorized by law to provide a program of education beyond the
12high school level and which:
13        (1) Admits as regular students only individuals having
14    a certificate of graduation from a high school, or the
15    recognized equivalent of such a certificate;
16        (2) Provides an educational program for which it awards
17    a bachelor's degree, or provides an educational program,
18    admission into which is conditioned upon the prior
19    attainment of a bachelor's degree or its equivalent, for
20    which it awards a postgraduate degree, or provides not less
21    than a 2-year program which is acceptable for full credit
22    toward such a degree, or offers a 2-year program in
23    engineering, mathematics, or the physical or biological
24    sciences which is designed to prepare the student to work
25    as a technician and at a semiprofessional level in
26    engineering, scientific, or other technological fields

 

 

09800SB0026ham001- 101 -LRB098 05310 KTG 46196 a

1    which require the understanding and application of basic
2    engineering, scientific, or mathematical principles or
3    knowledge;
4        (3) Is accredited by a nationally recognized
5    accrediting agency or association or, if not so accredited,
6    is an institution whose credits are accepted, on transfer,
7    by not less than 3 institutions which are so accredited,
8    for credit on the same basis as if transferred from an
9    institution so accredited, and holds an unrevoked
10    certificate of approval under the Private College Act from
11    the Board of Higher Education, or is qualified as a "degree
12    granting institution" under the Academic Degree Act; and
13        (4) Does not discriminate in the admission of students
14    on the basis of race or color. "Private institution of
15    higher education" also includes any "academic
16    institution".
17    (u) The term "academic institution" means any
18not-for-profit institution which is not owned by the State or
19any political subdivision, agency, instrumentality, district
20or municipality thereof, which institution engages in, or
21facilitates academic, scientific, educational or professional
22research or learning in a field or fields of study taught at a
23private institution of higher education. Academic institutions
24include, without limitation, libraries, archives, academic,
25scientific, educational or professional societies,
26institutions, associations or foundations having such

 

 

09800SB0026ham001- 102 -LRB098 05310 KTG 46196 a

1purposes.
2    (v) The term "cultural institution" means any
3not-for-profit institution which is not owned by the State or
4any political subdivision, agency, instrumentality, district
5or municipality thereof, which institution engages in the
6cultural, intellectual, scientific, educational or artistic
7enrichment of the people of the State. Cultural institutions
8include, without limitation, aquaria, botanical societies,
9historical societies, libraries, museums, performing arts
10associations or societies, scientific societies and zoological
11societies.
12    (w) The term "affiliate" means, with respect to financing
13of an agricultural facility or an agribusiness, any lender, any
14person, firm or corporation controlled by, or under common
15control with, such lender, and any person, firm or corporation
16controlling such lender.
17    (x) The term "agricultural facility" means land, any
18building or other improvement thereon or thereto, and any
19personal properties deemed necessary or suitable for use,
20whether or not now in existence, in farming, ranching, the
21production of agricultural commodities (including, without
22limitation, the products of aquaculture, hydroponics and
23silviculture) or the treating, processing or storing of such
24agricultural commodities when such activities are customarily
25engaged in by farmers as a part of farming.
26    (y) The term "lender" with respect to financing of an

 

 

09800SB0026ham001- 103 -LRB098 05310 KTG 46196 a

1agricultural facility or an agribusiness, means any federal or
2State chartered bank, Federal Land Bank, Production Credit
3Association, Bank for Cooperatives, federal or State chartered
4savings and loan association or building and loan association,
5Small Business Investment Company or any other institution
6qualified within this State to originate and service loans,
7including, but without limitation to, insurance companies,
8credit unions and mortgage loan companies. "Lender" also means
9a wholly owned subsidiary of a manufacturer, seller or
10distributor of goods or services that makes loans to businesses
11or individuals, commonly known as a "captive finance company".
12    (z) The term "agribusiness" means any sole proprietorship,
13limited partnership, co-partnership, joint venture,
14corporation or cooperative which operates or will operate a
15facility located within the State of Illinois that is related
16to the processing of agricultural commodities (including,
17without limitation, the products of aquaculture, hydroponics
18and silviculture) or the manufacturing, production or
19construction of agricultural buildings, structures, equipment,
20implements, and supplies, or any other facilities or processes
21used in agricultural production. Agribusiness includes but is
22not limited to the following:
23        (1) grain handling and processing, including grain
24    storage, drying, treatment, conditioning, mailing and
25    packaging;
26        (2) seed and feed grain development and processing;

 

 

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1        (3) fruit and vegetable processing, including
2    preparation, canning and packaging;
3        (4) processing of livestock and livestock products,
4    dairy products, poultry and poultry products, fish or
5    apiarian products, including slaughter, shearing,
6    collecting, preparation, canning and packaging;
7        (5) fertilizer and agricultural chemical
8    manufacturing, processing, application and supplying;
9        (6) farm machinery, equipment and implement
10    manufacturing and supplying;
11        (7) manufacturing and supplying of agricultural
12    commodity processing machinery and equipment, including
13    machinery and equipment used in slaughter, treatment,
14    handling, collecting, preparation, canning or packaging of
15    agricultural commodities;
16        (8) farm building and farm structure manufacturing,
17    construction and supplying;
18        (9) construction, manufacturing, implementation,
19    supplying or servicing of irrigation, drainage and soil and
20    water conservation devices or equipment;
21        (10) fuel processing and development facilities that
22    produce fuel from agricultural commodities or byproducts;
23        (11) facilities and equipment for processing and
24    packaging agricultural commodities specifically for
25    export;
26        (12) facilities and equipment for forestry product

 

 

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1    processing and supplying, including sawmilling operations,
2    wood chip operations, timber harvesting operations, and
3    manufacturing of prefabricated buildings, paper, furniture
4    or other goods from forestry products;
5        (13) facilities and equipment for research and
6    development of products, processes and equipment for the
7    production, processing, preparation or packaging of
8    agricultural commodities and byproducts.
9    (aa) The term "asset" with respect to financing of any
10agricultural facility or any agribusiness, means, but is not
11limited to the following: cash crops or feed on hand; livestock
12held for sale; breeding stock; marketable bonds and securities;
13securities not readily marketable; accounts receivable; notes
14receivable; cash invested in growing crops; net cash value of
15life insurance; machinery and equipment; cars and trucks; farm
16and other real estate including life estates and personal
17residence; value of beneficial interests in trusts; government
18payments or grants; and any other assets.
19    (bb) The term "liability" with respect to financing of any
20agricultural facility or any agribusiness shall include, but
21not be limited to the following: accounts payable; notes or
22other indebtedness owed to any source; taxes; rent; amounts
23owed on real estate contracts or real estate mortgages;
24judgments; accrued interest payable; and any other liability.
25    (cc) The term "Predecessor Authorities" means those
26authorities as described in Section 845-75.

 

 

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1    (dd) The term "housing project" means a specific work or
2improvement undertaken to provide residential dwelling
3accommodations, including the acquisition, construction or
4rehabilitation of lands, buildings and community facilities
5and in connection therewith to provide nonhousing facilities
6which are part of the housing project, including land,
7buildings, improvements, equipment and all ancillary
8facilities for use for offices, stores, retirement homes,
9hotels, financial institutions, service, health care,
10education, recreation or research establishments, or any other
11commercial purpose which are or are to be related to a housing
12development.
13    (ee) The term "conservation project" means any project
14including the acquisition, construction, rehabilitation,
15maintenance, operation, or upgrade that is intended to create
16or expand open space or to reduce energy usage through
17efficiency measures. For the purpose of this definition, "open
18space" has the definition set forth under Section 10 of the
19Illinois Open Land Trust Act.
20    (ff) The term "significant presence" means the existence
21within the State of the national or regional headquarters of an
22entity or group or such other facility of an entity or group of
23entities where a significant amount of the business functions
24are performed for such entity or group of entities.
25(Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10;
2697-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff.

 

 

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17-13-12.)
 
2    Section 6-135. The Illinois Income Tax Act is amended by
3changing Section 806 as follows:
 
4    (35 ILCS 5/806)
5    Sec. 806. Exemption from penalty. An individual taxpayer
6shall not be subject to a penalty for failing to pay estimated
7tax as required by Section 803 if the taxpayer is 65 years of
8age or older and is a permanent resident of a nursing home. For
9purposes of this Section, "nursing home" means a skilled
10nursing or intermediate long term care facility that is subject
11to licensure by the Illinois Department of Public Health under
12the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act of 2013, or the ID/DD Community Care Act.
14(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
15eff. 1-1-12; 97-813, eff. 7-13-12.)
 
16    Section 6-140. The Use Tax Act is amended by changing
17Section 3-5 as follows:
 
18    (35 ILCS 105/3-5)
19    Sec. 3-5. Exemptions. Use of the following tangible
20personal property is exempt from the tax imposed by this Act:
21    (1) Personal property purchased from a corporation,
22society, association, foundation, institution, or

 

 

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1organization, other than a limited liability company, that is
2organized and operated as a not-for-profit service enterprise
3for the benefit of persons 65 years of age or older if the
4personal property was not purchased by the enterprise for the
5purpose of resale by the enterprise.
6    (2) Personal property purchased by a not-for-profit
7Illinois county fair association for use in conducting,
8operating, or promoting the county fair.
9    (3) Personal property purchased by a not-for-profit arts or
10cultural organization that establishes, by proof required by
11the Department by rule, that it has received an exemption under
12Section 501(c)(3) of the Internal Revenue Code and that is
13organized and operated primarily for the presentation or
14support of arts or cultural programming, activities, or
15services. These organizations include, but are not limited to,
16music and dramatic arts organizations such as symphony
17orchestras and theatrical groups, arts and cultural service
18organizations, local arts councils, visual arts organizations,
19and media arts organizations. On and after the effective date
20of this amendatory Act of the 92nd General Assembly, however,
21an entity otherwise eligible for this exemption shall not make
22tax-free purchases unless it has an active identification
23number issued by the Department.
24    (4) Personal property purchased by a governmental body, by
25a corporation, society, association, foundation, or
26institution organized and operated exclusively for charitable,

 

 

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1religious, or educational purposes, or by a not-for-profit
2corporation, society, association, foundation, institution, or
3organization that has no compensated officers or employees and
4that is organized and operated primarily for the recreation of
5persons 55 years of age or older. A limited liability company
6may qualify for the exemption under this paragraph only if the
7limited liability company is organized and operated
8exclusively for educational purposes. On and after July 1,
91987, however, no entity otherwise eligible for this exemption
10shall make tax-free purchases unless it has an active exemption
11identification number issued by the Department.
12    (5) Until July 1, 2003, a passenger car that is a
13replacement vehicle to the extent that the purchase price of
14the car is subject to the Replacement Vehicle Tax.
15    (6) Until July 1, 2003 and beginning again on September 1,
162004 through August 30, 2014, graphic arts machinery and
17equipment, including repair and replacement parts, both new and
18used, and including that manufactured on special order,
19certified by the purchaser to be used primarily for graphic
20arts production, and including machinery and equipment
21purchased for lease. Equipment includes chemicals or chemicals
22acting as catalysts but only if the chemicals or chemicals
23acting as catalysts effect a direct and immediate change upon a
24graphic arts product.
25    (7) Farm chemicals.
26    (8) Legal tender, currency, medallions, or gold or silver

 

 

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1coinage issued by the State of Illinois, the government of the
2United States of America, or the government of any foreign
3country, and bullion.
4    (9) Personal property purchased from a teacher-sponsored
5student organization affiliated with an elementary or
6secondary school located in Illinois.
7    (10) A motor vehicle of the first division, a motor vehicle
8of the second division that is a self-contained motor vehicle
9designed or permanently converted to provide living quarters
10for recreational, camping, or travel use, with direct walk
11through to the living quarters from the driver's seat, or a
12motor vehicle of the second division that is of the van
13configuration designed for the transportation of not less than
147 nor more than 16 passengers, as defined in Section 1-146 of
15the Illinois Vehicle Code, that is used for automobile renting,
16as defined in the Automobile Renting Occupation and Use Tax
17Act.
18    (11) Farm machinery and equipment, both new and used,
19including that manufactured on special order, certified by the
20purchaser to be used primarily for production agriculture or
21State or federal agricultural programs, including individual
22replacement parts for the machinery and equipment, including
23machinery and equipment purchased for lease, and including
24implements of husbandry defined in Section 1-130 of the
25Illinois Vehicle Code, farm machinery and agricultural
26chemical and fertilizer spreaders, and nurse wagons required to

 

 

09800SB0026ham001- 111 -LRB098 05310 KTG 46196 a

1be registered under Section 3-809 of the Illinois Vehicle Code,
2but excluding other motor vehicles required to be registered
3under the Illinois Vehicle Code. Horticultural polyhouses or
4hoop houses used for propagating, growing, or overwintering
5plants shall be considered farm machinery and equipment under
6this item (11). Agricultural chemical tender tanks and dry
7boxes shall include units sold separately from a motor vehicle
8required to be licensed and units sold mounted on a motor
9vehicle required to be licensed if the selling price of the
10tender is separately stated.
11    Farm machinery and equipment shall include precision
12farming equipment that is installed or purchased to be
13installed on farm machinery and equipment including, but not
14limited to, tractors, harvesters, sprayers, planters, seeders,
15or spreaders. Precision farming equipment includes, but is not
16limited to, soil testing sensors, computers, monitors,
17software, global positioning and mapping systems, and other
18such equipment.
19    Farm machinery and equipment also includes computers,
20sensors, software, and related equipment used primarily in the
21computer-assisted operation of production agriculture
22facilities, equipment, and activities such as, but not limited
23to, the collection, monitoring, and correlation of animal and
24crop data for the purpose of formulating animal diets and
25agricultural chemicals. This item (11) is exempt from the
26provisions of Section 3-90.

 

 

09800SB0026ham001- 112 -LRB098 05310 KTG 46196 a

1    (12) Fuel and petroleum products sold to or used by an air
2common carrier, certified by the carrier to be used for
3consumption, shipment, or storage in the conduct of its
4business as an air common carrier, for a flight destined for or
5returning from a location or locations outside the United
6States without regard to previous or subsequent domestic
7stopovers.
8    (13) Proceeds of mandatory service charges separately
9stated on customers' bills for the purchase and consumption of
10food and beverages purchased at retail from a retailer, to the
11extent that the proceeds of the service charge are in fact
12turned over as tips or as a substitute for tips to the
13employees who participate directly in preparing, serving,
14hosting or cleaning up the food or beverage function with
15respect to which the service charge is imposed.
16    (14) Until July 1, 2003, oil field exploration, drilling,
17and production equipment, including (i) rigs and parts of rigs,
18rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
19tubular goods, including casing and drill strings, (iii) pumps
20and pump-jack units, (iv) storage tanks and flow lines, (v) any
21individual replacement part for oil field exploration,
22drilling, and production equipment, and (vi) machinery and
23equipment purchased for lease; but excluding motor vehicles
24required to be registered under the Illinois Vehicle Code.
25    (15) Photoprocessing machinery and equipment, including
26repair and replacement parts, both new and used, including that

 

 

09800SB0026ham001- 113 -LRB098 05310 KTG 46196 a

1manufactured on special order, certified by the purchaser to be
2used primarily for photoprocessing, and including
3photoprocessing machinery and equipment purchased for lease.
4    (16) Until July 1, 2003, and beginning again on the
5effective date of this amendatory Act of the 97th General
6Assembly and thereafter, coal and aggregate exploration,
7mining, offhighway hauling, processing, maintenance, and
8reclamation equipment, including replacement parts and
9equipment, and including equipment purchased for lease, but
10excluding motor vehicles required to be registered under the
11Illinois Vehicle Code.
12    (17) Until July 1, 2003, distillation machinery and
13equipment, sold as a unit or kit, assembled or installed by the
14retailer, certified by the user to be used only for the
15production of ethyl alcohol that will be used for consumption
16as motor fuel or as a component of motor fuel for the personal
17use of the user, and not subject to sale or resale.
18    (18) Manufacturing and assembling machinery and equipment
19used primarily in the process of manufacturing or assembling
20tangible personal property for wholesale or retail sale or
21lease, whether that sale or lease is made directly by the
22manufacturer or by some other person, whether the materials
23used in the process are owned by the manufacturer or some other
24person, or whether that sale or lease is made apart from or as
25an incident to the seller's engaging in the service occupation
26of producing machines, tools, dies, jigs, patterns, gauges, or

 

 

09800SB0026ham001- 114 -LRB098 05310 KTG 46196 a

1other similar items of no commercial value on special order for
2a particular purchaser.
3    (19) Personal property delivered to a purchaser or
4purchaser's donee inside Illinois when the purchase order for
5that personal property was received by a florist located
6outside Illinois who has a florist located inside Illinois
7deliver the personal property.
8    (20) Semen used for artificial insemination of livestock
9for direct agricultural production.
10    (21) Horses, or interests in horses, registered with and
11meeting the requirements of any of the Arabian Horse Club
12Registry of America, Appaloosa Horse Club, American Quarter
13Horse Association, United States Trotting Association, or
14Jockey Club, as appropriate, used for purposes of breeding or
15racing for prizes. This item (21) is exempt from the provisions
16of Section 3-90, and the exemption provided for under this item
17(21) applies for all periods beginning May 30, 1995, but no
18claim for credit or refund is allowed on or after January 1,
192008 for such taxes paid during the period beginning May 30,
202000 and ending on January 1, 2008.
21    (22) Computers and communications equipment utilized for
22any hospital purpose and equipment used in the diagnosis,
23analysis, or treatment of hospital patients purchased by a
24lessor who leases the equipment, under a lease of one year or
25longer executed or in effect at the time the lessor would
26otherwise be subject to the tax imposed by this Act, to a

 

 

09800SB0026ham001- 115 -LRB098 05310 KTG 46196 a

1hospital that has been issued an active tax exemption
2identification number by the Department under Section 1g of the
3Retailers' Occupation Tax Act. If the equipment is leased in a
4manner that does not qualify for this exemption or is used in
5any other non-exempt manner, the lessor shall be liable for the
6tax imposed under this Act or the Service Use Tax Act, as the
7case may be, based on the fair market value of the property at
8the time the non-qualifying use occurs. No lessor shall collect
9or attempt to collect an amount (however designated) that
10purports to reimburse that lessor for the tax imposed by this
11Act or the Service Use Tax Act, as the case may be, if the tax
12has not been paid by the lessor. If a lessor improperly
13collects any such amount from the lessee, the lessee shall have
14a legal right to claim a refund of that amount from the lessor.
15If, however, that amount is not refunded to the lessee for any
16reason, the lessor is liable to pay that amount to the
17Department.
18    (23) Personal property purchased by a lessor who leases the
19property, under a lease of one year or longer executed or in
20effect at the time the lessor would otherwise be subject to the
21tax imposed by this Act, to a governmental body that has been
22issued an active sales tax exemption identification number by
23the Department under Section 1g of the Retailers' Occupation
24Tax Act. If the property is leased in a manner that does not
25qualify for this exemption or used in any other non-exempt
26manner, the lessor shall be liable for the tax imposed under

 

 

09800SB0026ham001- 116 -LRB098 05310 KTG 46196 a

1this Act or the Service Use Tax Act, as the case may be, based
2on the fair market value of the property at the time the
3non-qualifying use occurs. No lessor shall collect or attempt
4to collect an amount (however designated) that purports to
5reimburse that lessor for the tax imposed by this Act or the
6Service Use Tax Act, as the case may be, if the tax has not been
7paid by the lessor. If a lessor improperly collects any such
8amount from the lessee, the lessee shall have a legal right to
9claim a refund of that amount from the lessor. If, however,
10that amount is not refunded to the lessee for any reason, the
11lessor is liable to pay that amount to the Department.
12    (24) Beginning with taxable years ending on or after
13December 31, 1995 and ending with taxable years ending on or
14before December 31, 2004, personal property that is donated for
15disaster relief to be used in a State or federally declared
16disaster area in Illinois or bordering Illinois by a
17manufacturer or retailer that is registered in this State to a
18corporation, society, association, foundation, or institution
19that has been issued a sales tax exemption identification
20number by the Department that assists victims of the disaster
21who reside within the declared disaster area.
22    (25) Beginning with taxable years ending on or after
23December 31, 1995 and ending with taxable years ending on or
24before December 31, 2004, personal property that is used in the
25performance of infrastructure repairs in this State, including
26but not limited to municipal roads and streets, access roads,

 

 

09800SB0026ham001- 117 -LRB098 05310 KTG 46196 a

1bridges, sidewalks, waste disposal systems, water and sewer
2line extensions, water distribution and purification
3facilities, storm water drainage and retention facilities, and
4sewage treatment facilities, resulting from a State or
5federally declared disaster in Illinois or bordering Illinois
6when such repairs are initiated on facilities located in the
7declared disaster area within 6 months after the disaster.
8    (26) Beginning July 1, 1999, game or game birds purchased
9at a "game breeding and hunting preserve area" as that term is
10used in the Wildlife Code. This paragraph is exempt from the
11provisions of Section 3-90.
12    (27) A motor vehicle, as that term is defined in Section
131-146 of the Illinois Vehicle Code, that is donated to a
14corporation, limited liability company, society, association,
15foundation, or institution that is determined by the Department
16to be organized and operated exclusively for educational
17purposes. For purposes of this exemption, "a corporation,
18limited liability company, society, association, foundation,
19or institution organized and operated exclusively for
20educational purposes" means all tax-supported public schools,
21private schools that offer systematic instruction in useful
22branches of learning by methods common to public schools and
23that compare favorably in their scope and intensity with the
24course of study presented in tax-supported schools, and
25vocational or technical schools or institutes organized and
26operated exclusively to provide a course of study of not less

 

 

09800SB0026ham001- 118 -LRB098 05310 KTG 46196 a

1than 6 weeks duration and designed to prepare individuals to
2follow a trade or to pursue a manual, technical, mechanical,
3industrial, business, or commercial occupation.
4    (28) Beginning January 1, 2000, personal property,
5including food, purchased through fundraising events for the
6benefit of a public or private elementary or secondary school,
7a group of those schools, or one or more school districts if
8the events are sponsored by an entity recognized by the school
9district that consists primarily of volunteers and includes
10parents and teachers of the school children. This paragraph
11does not apply to fundraising events (i) for the benefit of
12private home instruction or (ii) for which the fundraising
13entity purchases the personal property sold at the events from
14another individual or entity that sold the property for the
15purpose of resale by the fundraising entity and that profits
16from the sale to the fundraising entity. This paragraph is
17exempt from the provisions of Section 3-90.
18    (29) Beginning January 1, 2000 and through December 31,
192001, new or used automatic vending machines that prepare and
20serve hot food and beverages, including coffee, soup, and other
21items, and replacement parts for these machines. Beginning
22January 1, 2002 and through June 30, 2003, machines and parts
23for machines used in commercial, coin-operated amusement and
24vending business if a use or occupation tax is paid on the
25gross receipts derived from the use of the commercial,
26coin-operated amusement and vending machines. This paragraph

 

 

09800SB0026ham001- 119 -LRB098 05310 KTG 46196 a

1is exempt from the provisions of Section 3-90.
2    (30) Beginning January 1, 2001 and through June 30, 2016,
3food for human consumption that is to be consumed off the
4premises where it is sold (other than alcoholic beverages, soft
5drinks, and food that has been prepared for immediate
6consumption) and prescription and nonprescription medicines,
7drugs, medical appliances, and insulin, urine testing
8materials, syringes, and needles used by diabetics, for human
9use, when purchased for use by a person receiving medical
10assistance under Article V of the Illinois Public Aid Code who
11resides in a licensed long-term care facility, as defined in
12the Nursing Home Care Act, or in a licensed facility as defined
13in the ID/DD Community Care Act or the Specialized Mental
14Health Rehabilitation Act of 2013.
15    (31) Beginning on the effective date of this amendatory Act
16of the 92nd General Assembly, computers and communications
17equipment utilized for any hospital purpose and equipment used
18in the diagnosis, analysis, or treatment of hospital patients
19purchased by a lessor who leases the equipment, under a lease
20of one year or longer executed or in effect at the time the
21lessor would otherwise be subject to the tax imposed by this
22Act, to a hospital that has been issued an active tax exemption
23identification number by the Department under Section 1g of the
24Retailers' Occupation Tax Act. If the equipment is leased in a
25manner that does not qualify for this exemption or is used in
26any other nonexempt manner, the lessor shall be liable for the

 

 

09800SB0026ham001- 120 -LRB098 05310 KTG 46196 a

1tax imposed under this Act or the Service Use Tax Act, as the
2case may be, based on the fair market value of the property at
3the time the nonqualifying use occurs. No lessor shall collect
4or attempt to collect an amount (however designated) that
5purports to reimburse that lessor for the tax imposed by this
6Act or the Service Use Tax Act, as the case may be, if the tax
7has not been paid by the lessor. If a lessor improperly
8collects any such amount from the lessee, the lessee shall have
9a legal right to claim a refund of that amount from the lessor.
10If, however, that amount is not refunded to the lessee for any
11reason, the lessor is liable to pay that amount to the
12Department. This paragraph is exempt from the provisions of
13Section 3-90.
14    (32) Beginning on the effective date of this amendatory Act
15of the 92nd General Assembly, personal property purchased by a
16lessor who leases the property, under a lease of one year or
17longer executed or in effect at the time the lessor would
18otherwise be subject to the tax imposed by this Act, to a
19governmental body that has been issued an active sales tax
20exemption identification number by the Department under
21Section 1g of the Retailers' Occupation Tax Act. If the
22property is leased in a manner that does not qualify for this
23exemption or used in any other nonexempt manner, the lessor
24shall be liable for the tax imposed under this Act or the
25Service Use Tax Act, as the case may be, based on the fair
26market value of the property at the time the nonqualifying use

 

 

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1occurs. No lessor shall collect or attempt to collect an amount
2(however designated) that purports to reimburse that lessor for
3the tax imposed by this Act or the Service Use Tax Act, as the
4case may be, if the tax has not been paid by the lessor. If a
5lessor improperly collects any such amount from the lessee, the
6lessee shall have a legal right to claim a refund of that
7amount from the lessor. If, however, that amount is not
8refunded to the lessee for any reason, the lessor is liable to
9pay that amount to the Department. This paragraph is exempt
10from the provisions of Section 3-90.
11    (33) On and after July 1, 2003 and through June 30, 2004,
12the use in this State of motor vehicles of the second division
13with a gross vehicle weight in excess of 8,000 pounds and that
14are subject to the commercial distribution fee imposed under
15Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
161, 2004 and through June 30, 2005, the use in this State of
17motor vehicles of the second division: (i) with a gross vehicle
18weight rating in excess of 8,000 pounds; (ii) that are subject
19to the commercial distribution fee imposed under Section
203-815.1 of the Illinois Vehicle Code; and (iii) that are
21primarily used for commercial purposes. Through June 30, 2005,
22this exemption applies to repair and replacement parts added
23after the initial purchase of such a motor vehicle if that
24motor vehicle is used in a manner that would qualify for the
25rolling stock exemption otherwise provided for in this Act. For
26purposes of this paragraph, the term "used for commercial

 

 

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1purposes" means the transportation of persons or property in
2furtherance of any commercial or industrial enterprise,
3whether for-hire or not.
4    (34) Beginning January 1, 2008, tangible personal property
5used in the construction or maintenance of a community water
6supply, as defined under Section 3.145 of the Environmental
7Protection Act, that is operated by a not-for-profit
8corporation that holds a valid water supply permit issued under
9Title IV of the Environmental Protection Act. This paragraph is
10exempt from the provisions of Section 3-90.
11    (35) Beginning January 1, 2010, materials, parts,
12equipment, components, and furnishings incorporated into or
13upon an aircraft as part of the modification, refurbishment,
14completion, replacement, repair, or maintenance of the
15aircraft. This exemption includes consumable supplies used in
16the modification, refurbishment, completion, replacement,
17repair, and maintenance of aircraft, but excludes any
18materials, parts, equipment, components, and consumable
19supplies used in the modification, replacement, repair, and
20maintenance of aircraft engines or power plants, whether such
21engines or power plants are installed or uninstalled upon any
22such aircraft. "Consumable supplies" include, but are not
23limited to, adhesive, tape, sandpaper, general purpose
24lubricants, cleaning solution, latex gloves, and protective
25films. This exemption applies only to those organizations that
26(i) hold an Air Agency Certificate and are empowered to operate

 

 

09800SB0026ham001- 123 -LRB098 05310 KTG 46196 a

1an approved repair station by the Federal Aviation
2Administration, (ii) have a Class IV Rating, and (iii) conduct
3operations in accordance with Part 145 of the Federal Aviation
4Regulations. The exemption does not include aircraft operated
5by a commercial air carrier providing scheduled passenger air
6service pursuant to authority issued under Part 121 or Part 129
7of the Federal Aviation Regulations.
8    (36) Tangible personal property purchased by a
9public-facilities corporation, as described in Section
1011-65-10 of the Illinois Municipal Code, for purposes of
11constructing or furnishing a municipal convention hall, but
12only if the legal title to the municipal convention hall is
13transferred to the municipality without any further
14consideration by or on behalf of the municipality at the time
15of the completion of the municipal convention hall or upon the
16retirement or redemption of any bonds or other debt instruments
17issued by the public-facilities corporation in connection with
18the development of the municipal convention hall. This
19exemption includes existing public-facilities corporations as
20provided in Section 11-65-25 of the Illinois Municipal Code.
21This paragraph is exempt from the provisions of Section 3-90.
22(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
2396-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
247-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff.
258-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
 

 

 

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1    Section 6-145. The Service Use Tax Act is amended by
2changing Sections 3-5 and 3-10 as follows:
 
3    (35 ILCS 110/3-5)
4    Sec. 3-5. Exemptions. Use of the following tangible
5personal property is exempt from the tax imposed by this Act:
6    (1) Personal property purchased from a corporation,
7society, association, foundation, institution, or
8organization, other than a limited liability company, that is
9organized and operated as a not-for-profit service enterprise
10for the benefit of persons 65 years of age or older if the
11personal property was not purchased by the enterprise for the
12purpose of resale by the enterprise.
13    (2) Personal property purchased by a non-profit Illinois
14county fair association for use in conducting, operating, or
15promoting the county fair.
16    (3) Personal property purchased by a not-for-profit arts or
17cultural organization that establishes, by proof required by
18the Department by rule, that it has received an exemption under
19Section 501(c)(3) of the Internal Revenue Code and that is
20organized and operated primarily for the presentation or
21support of arts or cultural programming, activities, or
22services. These organizations include, but are not limited to,
23music and dramatic arts organizations such as symphony
24orchestras and theatrical groups, arts and cultural service
25organizations, local arts councils, visual arts organizations,

 

 

09800SB0026ham001- 125 -LRB098 05310 KTG 46196 a

1and media arts organizations. On and after the effective date
2of this amendatory Act of the 92nd General Assembly, however,
3an entity otherwise eligible for this exemption shall not make
4tax-free purchases unless it has an active identification
5number issued by the Department.
6    (4) Legal tender, currency, medallions, or gold or silver
7coinage issued by the State of Illinois, the government of the
8United States of America, or the government of any foreign
9country, and bullion.
10    (5) Until July 1, 2003 and beginning again on September 1,
112004 through August 30, 2014, graphic arts machinery and
12equipment, including repair and replacement parts, both new and
13used, and including that manufactured on special order or
14purchased for lease, certified by the purchaser to be used
15primarily for graphic arts production. Equipment includes
16chemicals or chemicals acting as catalysts but only if the
17chemicals or chemicals acting as catalysts effect a direct and
18immediate change upon a graphic arts product.
19    (6) Personal property purchased from a teacher-sponsored
20student organization affiliated with an elementary or
21secondary school located in Illinois.
22    (7) Farm machinery and equipment, both new and used,
23including that manufactured on special order, certified by the
24purchaser to be used primarily for production agriculture or
25State or federal agricultural programs, including individual
26replacement parts for the machinery and equipment, including

 

 

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1machinery and equipment purchased for lease, and including
2implements of husbandry defined in Section 1-130 of the
3Illinois Vehicle Code, farm machinery and agricultural
4chemical and fertilizer spreaders, and nurse wagons required to
5be registered under Section 3-809 of the Illinois Vehicle Code,
6but excluding other motor vehicles required to be registered
7under the Illinois Vehicle Code. Horticultural polyhouses or
8hoop houses used for propagating, growing, or overwintering
9plants shall be considered farm machinery and equipment under
10this item (7). Agricultural chemical tender tanks and dry boxes
11shall include units sold separately from a motor vehicle
12required to be licensed and units sold mounted on a motor
13vehicle required to be licensed if the selling price of the
14tender is separately stated.
15    Farm machinery and equipment shall include precision
16farming equipment that is installed or purchased to be
17installed on farm machinery and equipment including, but not
18limited to, tractors, harvesters, sprayers, planters, seeders,
19or spreaders. Precision farming equipment includes, but is not
20limited to, soil testing sensors, computers, monitors,
21software, global positioning and mapping systems, and other
22such equipment.
23    Farm machinery and equipment also includes computers,
24sensors, software, and related equipment used primarily in the
25computer-assisted operation of production agriculture
26facilities, equipment, and activities such as, but not limited

 

 

09800SB0026ham001- 127 -LRB098 05310 KTG 46196 a

1to, the collection, monitoring, and correlation of animal and
2crop data for the purpose of formulating animal diets and
3agricultural chemicals. This item (7) is exempt from the
4provisions of Section 3-75.
5    (8) Fuel and petroleum products sold to or used by an air
6common carrier, certified by the carrier to be used for
7consumption, shipment, or storage in the conduct of its
8business as an air common carrier, for a flight destined for or
9returning from a location or locations outside the United
10States without regard to previous or subsequent domestic
11stopovers.
12    (9) Proceeds of mandatory service charges separately
13stated on customers' bills for the purchase and consumption of
14food and beverages acquired as an incident to the purchase of a
15service from a serviceman, to the extent that the proceeds of
16the service charge are in fact turned over as tips or as a
17substitute for tips to the employees who participate directly
18in preparing, serving, hosting or cleaning up the food or
19beverage function with respect to which the service charge is
20imposed.
21    (10) Until July 1, 2003, oil field exploration, drilling,
22and production equipment, including (i) rigs and parts of rigs,
23rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
24tubular goods, including casing and drill strings, (iii) pumps
25and pump-jack units, (iv) storage tanks and flow lines, (v) any
26individual replacement part for oil field exploration,

 

 

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1drilling, and production equipment, and (vi) machinery and
2equipment purchased for lease; but excluding motor vehicles
3required to be registered under the Illinois Vehicle Code.
4    (11) Proceeds from the sale of photoprocessing machinery
5and equipment, including repair and replacement parts, both new
6and used, including that manufactured on special order,
7certified by the purchaser to be used primarily for
8photoprocessing, and including photoprocessing machinery and
9equipment purchased for lease.
10    (12) Until July 1, 2003, and beginning again on the
11effective date of this amendatory Act of the 97th General
12Assembly and thereafter, coal and aggregate exploration,
13mining, offhighway hauling, processing, maintenance, and
14reclamation equipment, including replacement parts and
15equipment, and including equipment purchased for lease, but
16excluding motor vehicles required to be registered under the
17Illinois Vehicle Code.
18    (13) Semen used for artificial insemination of livestock
19for direct agricultural production.
20    (14) Horses, or interests in horses, registered with and
21meeting the requirements of any of the Arabian Horse Club
22Registry of America, Appaloosa Horse Club, American Quarter
23Horse Association, United States Trotting Association, or
24Jockey Club, as appropriate, used for purposes of breeding or
25racing for prizes. This item (14) is exempt from the provisions
26of Section 3-75, and the exemption provided for under this item

 

 

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1(14) applies for all periods beginning May 30, 1995, but no
2claim for credit or refund is allowed on or after the effective
3date of this amendatory Act of the 95th General Assembly for
4such taxes paid during the period beginning May 30, 2000 and
5ending on the effective date of this amendatory Act of the 95th
6General Assembly.
7    (15) Computers and communications equipment utilized for
8any hospital purpose and equipment used in the diagnosis,
9analysis, or treatment of hospital patients purchased by a
10lessor who leases the equipment, under a lease of one year or
11longer executed or in effect at the time the lessor would
12otherwise be subject to the tax imposed by this Act, to a
13hospital that has been issued an active tax exemption
14identification number by the Department under Section 1g of the
15Retailers' Occupation Tax Act. If the equipment is leased in a
16manner that does not qualify for this exemption or is used in
17any other non-exempt manner, the lessor shall be liable for the
18tax imposed under this Act or the Use Tax Act, as the case may
19be, based on the fair market value of the property at the time
20the non-qualifying use occurs. No lessor shall collect or
21attempt to collect an amount (however designated) that purports
22to reimburse that lessor for the tax imposed by this Act or the
23Use Tax Act, as the case may be, if the tax has not been paid by
24the lessor. If a lessor improperly collects any such amount
25from the lessee, the lessee shall have a legal right to claim a
26refund of that amount from the lessor. If, however, that amount

 

 

09800SB0026ham001- 130 -LRB098 05310 KTG 46196 a

1is not refunded to the lessee for any reason, the lessor is
2liable to pay that amount to the Department.
3    (16) Personal property purchased by a lessor who leases the
4property, under a lease of one year or longer executed or in
5effect at the time the lessor would otherwise be subject to the
6tax imposed by this Act, to a governmental body that has been
7issued an active tax exemption identification number by the
8Department under Section 1g of the Retailers' Occupation Tax
9Act. If the property is leased in a manner that does not
10qualify for this exemption or is used in any other non-exempt
11manner, the lessor shall be liable for the tax imposed under
12this Act or the Use Tax Act, as the case may be, based on the
13fair market value of the property at the time the
14non-qualifying use occurs. No lessor shall collect or attempt
15to collect an amount (however designated) that purports to
16reimburse that lessor for the tax imposed by this Act or the
17Use Tax Act, as the case may be, if the tax has not been paid by
18the lessor. If a lessor improperly collects any such amount
19from the lessee, the lessee shall have a legal right to claim a
20refund of that amount from the lessor. If, however, that amount
21is not refunded to the lessee for any reason, the lessor is
22liable to pay that amount to the Department.
23    (17) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is donated for
26disaster relief to be used in a State or federally declared

 

 

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1disaster area in Illinois or bordering Illinois by a
2manufacturer or retailer that is registered in this State to a
3corporation, society, association, foundation, or institution
4that has been issued a sales tax exemption identification
5number by the Department that assists victims of the disaster
6who reside within the declared disaster area.
7    (18) Beginning with taxable years ending on or after
8December 31, 1995 and ending with taxable years ending on or
9before December 31, 2004, personal property that is used in the
10performance of infrastructure repairs in this State, including
11but not limited to municipal roads and streets, access roads,
12bridges, sidewalks, waste disposal systems, water and sewer
13line extensions, water distribution and purification
14facilities, storm water drainage and retention facilities, and
15sewage treatment facilities, resulting from a State or
16federally declared disaster in Illinois or bordering Illinois
17when such repairs are initiated on facilities located in the
18declared disaster area within 6 months after the disaster.
19    (19) Beginning July 1, 1999, game or game birds purchased
20at a "game breeding and hunting preserve area" as that term is
21used in the Wildlife Code. This paragraph is exempt from the
22provisions of Section 3-75.
23    (20) A motor vehicle, as that term is defined in Section
241-146 of the Illinois Vehicle Code, that is donated to a
25corporation, limited liability company, society, association,
26foundation, or institution that is determined by the Department

 

 

09800SB0026ham001- 132 -LRB098 05310 KTG 46196 a

1to be organized and operated exclusively for educational
2purposes. For purposes of this exemption, "a corporation,
3limited liability company, society, association, foundation,
4or institution organized and operated exclusively for
5educational purposes" means all tax-supported public schools,
6private schools that offer systematic instruction in useful
7branches of learning by methods common to public schools and
8that compare favorably in their scope and intensity with the
9course of study presented in tax-supported schools, and
10vocational or technical schools or institutes organized and
11operated exclusively to provide a course of study of not less
12than 6 weeks duration and designed to prepare individuals to
13follow a trade or to pursue a manual, technical, mechanical,
14industrial, business, or commercial occupation.
15    (21) Beginning January 1, 2000, personal property,
16including food, purchased through fundraising events for the
17benefit of a public or private elementary or secondary school,
18a group of those schools, or one or more school districts if
19the events are sponsored by an entity recognized by the school
20district that consists primarily of volunteers and includes
21parents and teachers of the school children. This paragraph
22does not apply to fundraising events (i) for the benefit of
23private home instruction or (ii) for which the fundraising
24entity purchases the personal property sold at the events from
25another individual or entity that sold the property for the
26purpose of resale by the fundraising entity and that profits

 

 

09800SB0026ham001- 133 -LRB098 05310 KTG 46196 a

1from the sale to the fundraising entity. This paragraph is
2exempt from the provisions of Section 3-75.
3    (22) Beginning January 1, 2000 and through December 31,
42001, new or used automatic vending machines that prepare and
5serve hot food and beverages, including coffee, soup, and other
6items, and replacement parts for these machines. Beginning
7January 1, 2002 and through June 30, 2003, machines and parts
8for machines used in commercial, coin-operated amusement and
9vending business if a use or occupation tax is paid on the
10gross receipts derived from the use of the commercial,
11coin-operated amusement and vending machines. This paragraph
12is exempt from the provisions of Section 3-75.
13    (23) Beginning August 23, 2001 and through June 30, 2016,
14food for human consumption that is to be consumed off the
15premises where it is sold (other than alcoholic beverages, soft
16drinks, and food that has been prepared for immediate
17consumption) and prescription and nonprescription medicines,
18drugs, medical appliances, and insulin, urine testing
19materials, syringes, and needles used by diabetics, for human
20use, when purchased for use by a person receiving medical
21assistance under Article V of the Illinois Public Aid Code who
22resides in a licensed long-term care facility, as defined in
23the Nursing Home Care Act, or in a licensed facility as defined
24in the ID/DD Community Care Act or the Specialized Mental
25Health Rehabilitation Act of 2013.
26    (24) Beginning on the effective date of this amendatory Act

 

 

09800SB0026ham001- 134 -LRB098 05310 KTG 46196 a

1of the 92nd General Assembly, computers and communications
2equipment utilized for any hospital purpose and equipment used
3in the diagnosis, analysis, or treatment of hospital patients
4purchased by a lessor who leases the equipment, under a lease
5of one year or longer executed or in effect at the time the
6lessor would otherwise be subject to the tax imposed by this
7Act, to a hospital that has been issued an active tax exemption
8identification number by the Department under Section 1g of the
9Retailers' Occupation Tax Act. If the equipment is leased in a
10manner that does not qualify for this exemption or is used in
11any other nonexempt manner, the lessor shall be liable for the
12tax imposed under this Act or the Use Tax Act, as the case may
13be, based on the fair market value of the property at the time
14the nonqualifying use occurs. No lessor shall collect or
15attempt to collect an amount (however designated) that purports
16to reimburse that lessor for the tax imposed by this Act or the
17Use Tax Act, as the case may be, if the tax has not been paid by
18the lessor. If a lessor improperly collects any such amount
19from the lessee, the lessee shall have a legal right to claim a
20refund of that amount from the lessor. If, however, that amount
21is not refunded to the lessee for any reason, the lessor is
22liable to pay that amount to the Department. This paragraph is
23exempt from the provisions of Section 3-75.
24    (25) Beginning on the effective date of this amendatory Act
25of the 92nd General Assembly, personal property purchased by a
26lessor who leases the property, under a lease of one year or

 

 

09800SB0026ham001- 135 -LRB098 05310 KTG 46196 a

1longer executed or in effect at the time the lessor would
2otherwise be subject to the tax imposed by this Act, to a
3governmental body that has been issued an active tax exemption
4identification number by the Department under Section 1g of the
5Retailers' Occupation Tax Act. If the property is leased in a
6manner that does not qualify for this exemption or is used in
7any other nonexempt manner, the lessor shall be liable for the
8tax imposed under this Act or the Use Tax Act, as the case may
9be, based on the fair market value of the property at the time
10the nonqualifying use occurs. No lessor shall collect or
11attempt to collect an amount (however designated) that purports
12to reimburse that lessor for the tax imposed by this Act or the
13Use Tax Act, as the case may be, if the tax has not been paid by
14the lessor. If a lessor improperly collects any such amount
15from the lessee, the lessee shall have a legal right to claim a
16refund of that amount from the lessor. If, however, that amount
17is not refunded to the lessee for any reason, the lessor is
18liable to pay that amount to the Department. This paragraph is
19exempt from the provisions of Section 3-75.
20    (26) Beginning January 1, 2008, tangible personal property
21used in the construction or maintenance of a community water
22supply, as defined under Section 3.145 of the Environmental
23Protection Act, that is operated by a not-for-profit
24corporation that holds a valid water supply permit issued under
25Title IV of the Environmental Protection Act. This paragraph is
26exempt from the provisions of Section 3-75.

 

 

09800SB0026ham001- 136 -LRB098 05310 KTG 46196 a

1    (27) Beginning January 1, 2010, materials, parts,
2equipment, components, and furnishings incorporated into or
3upon an aircraft as part of the modification, refurbishment,
4completion, replacement, repair, or maintenance of the
5aircraft. This exemption includes consumable supplies used in
6the modification, refurbishment, completion, replacement,
7repair, and maintenance of aircraft, but excludes any
8materials, parts, equipment, components, and consumable
9supplies used in the modification, replacement, repair, and
10maintenance of aircraft engines or power plants, whether such
11engines or power plants are installed or uninstalled upon any
12such aircraft. "Consumable supplies" include, but are not
13limited to, adhesive, tape, sandpaper, general purpose
14lubricants, cleaning solution, latex gloves, and protective
15films. This exemption applies only to those organizations that
16(i) hold an Air Agency Certificate and are empowered to operate
17an approved repair station by the Federal Aviation
18Administration, (ii) have a Class IV Rating, and (iii) conduct
19operations in accordance with Part 145 of the Federal Aviation
20Regulations. The exemption does not include aircraft operated
21by a commercial air carrier providing scheduled passenger air
22service pursuant to authority issued under Part 121 or Part 129
23of the Federal Aviation Regulations.
24    (28) Tangible personal property purchased by a
25public-facilities corporation, as described in Section
2611-65-10 of the Illinois Municipal Code, for purposes of

 

 

09800SB0026ham001- 137 -LRB098 05310 KTG 46196 a

1constructing or furnishing a municipal convention hall, but
2only if the legal title to the municipal convention hall is
3transferred to the municipality without any further
4consideration by or on behalf of the municipality at the time
5of the completion of the municipal convention hall or upon the
6retirement or redemption of any bonds or other debt instruments
7issued by the public-facilities corporation in connection with
8the development of the municipal convention hall. This
9exemption includes existing public-facilities corporations as
10provided in Section 11-65-25 of the Illinois Municipal Code.
11This paragraph is exempt from the provisions of Section 3-75.
12(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
1396-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
147-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff.
158-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
 
16    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19the selling price of tangible personal property transferred as
20an incident to the sale of service, but, for the purpose of
21computing this tax, in no event shall the selling price be less
22than the cost price of the property to the serviceman.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the
25Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

 

 

09800SB0026ham001- 138 -LRB098 05310 KTG 46196 a

1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act applies to (i) 70% of the selling price
4of property transferred as an incident to the sale of service
5on or after January 1, 1990, and before July 1, 2003, (ii) 80%
6of the selling price of property transferred as an incident to
7the sale of service on or after July 1, 2003 and on or before
8December 31, 2018, and (iii) 100% of the selling price
9thereafter. If, at any time, however, the tax under this Act on
10sales of gasohol, as defined in the Use Tax Act, is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, as defined
14in the Use Tax Act, the tax imposed by this Act does not apply
15to the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2018 but applies to 100% of the selling price
18thereafter.
19    With respect to biodiesel blends, as defined in the Use Tax
20Act, with no less than 1% and no more than 10% biodiesel, the
21tax imposed by this Act applies to (i) 80% of the selling price
22of property transferred as an incident to the sale of service
23on or after July 1, 2003 and on or before December 31, 2018 and
24(ii) 100% of the proceeds of the selling price thereafter. If,
25at any time, however, the tax under this Act on sales of
26biodiesel blends, as defined in the Use Tax Act, with no less

 

 

09800SB0026ham001- 139 -LRB098 05310 KTG 46196 a

1than 1% and no more than 10% biodiesel is imposed at the rate
2of 1.25%, then the tax imposed by this Act applies to 100% of
3the proceeds of sales of biodiesel blends with no less than 1%
4and no more than 10% biodiesel made during that time.
5    With respect to 100% biodiesel, as defined in the Use Tax
6Act, and biodiesel blends, as defined in the Use Tax Act, with
7more than 10% but no more than 99% biodiesel, the tax imposed
8by this Act does not apply to the proceeds of the selling price
9of property transferred as an incident to the sale of service
10on or after July 1, 2003 and on or before December 31, 2018 but
11applies to 100% of the selling price thereafter.
12    At the election of any registered serviceman made for each
13fiscal year, sales of service in which the aggregate annual
14cost price of tangible personal property transferred as an
15incident to the sales of service is less than 35%, or 75% in
16the case of servicemen transferring prescription drugs or
17servicemen engaged in graphic arts production, of the aggregate
18annual total gross receipts from all sales of service, the tax
19imposed by this Act shall be based on the serviceman's cost
20price of the tangible personal property transferred as an
21incident to the sale of those services.
22    The tax shall be imposed at the rate of 1% on food prepared
23for immediate consumption and transferred incident to a sale of
24service subject to this Act or the Service Occupation Tax Act
25by an entity licensed under the Hospital Licensing Act, the
26Nursing Home Care Act, the ID/DD Community Care Act, the

 

 

09800SB0026ham001- 140 -LRB098 05310 KTG 46196 a

1Specialized Mental Health Rehabilitation Act of 2013, or the
2Child Care Act of 1969. The tax shall also be imposed at the
3rate of 1% on food for human consumption that is to be consumed
4off the premises where it is sold (other than alcoholic
5beverages, soft drinks, and food that has been prepared for
6immediate consumption and is not otherwise included in this
7paragraph) and prescription and nonprescription medicines,
8drugs, medical appliances, modifications to a motor vehicle for
9the purpose of rendering it usable by a disabled person, and
10insulin, urine testing materials, syringes, and needles used by
11diabetics, for human use. For the purposes of this Section,
12until September 1, 2009: the term "soft drinks" means any
13complete, finished, ready-to-use, non-alcoholic drink, whether
14carbonated or not, including but not limited to soda water,
15cola, fruit juice, vegetable juice, carbonated water, and all
16other preparations commonly known as soft drinks of whatever
17kind or description that are contained in any closed or sealed
18bottle, can, carton, or container, regardless of size; but
19"soft drinks" does not include coffee, tea, non-carbonated
20water, infant formula, milk or milk products as defined in the
21Grade A Pasteurized Milk and Milk Products Act, or drinks
22containing 50% or more natural fruit or vegetable juice.
23    Notwithstanding any other provisions of this Act,
24beginning September 1, 2009, "soft drinks" means non-alcoholic
25beverages that contain natural or artificial sweeteners. "Soft
26drinks" do not include beverages that contain milk or milk

 

 

09800SB0026ham001- 141 -LRB098 05310 KTG 46196 a

1products, soy, rice or similar milk substitutes, or greater
2than 50% of vegetable or fruit juice by volume.
3    Until August 1, 2009, and notwithstanding any other
4provisions of this Act, "food for human consumption that is to
5be consumed off the premises where it is sold" includes all
6food sold through a vending machine, except soft drinks and
7food products that are dispensed hot from a vending machine,
8regardless of the location of the vending machine. Beginning
9August 1, 2009, and notwithstanding any other provisions of
10this Act, "food for human consumption that is to be consumed
11off the premises where it is sold" includes all food sold
12through a vending machine, except soft drinks, candy, and food
13products that are dispensed hot from a vending machine,
14regardless of the location of the vending machine.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "food for human consumption that
17is to be consumed off the premises where it is sold" does not
18include candy. For purposes of this Section, "candy" means a
19preparation of sugar, honey, or other natural or artificial
20sweeteners in combination with chocolate, fruits, nuts or other
21ingredients or flavorings in the form of bars, drops, or
22pieces. "Candy" does not include any preparation that contains
23flour or requires refrigeration.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "nonprescription medicines and
26drugs" does not include grooming and hygiene products. For

 

 

09800SB0026ham001- 142 -LRB098 05310 KTG 46196 a

1purposes of this Section, "grooming and hygiene products"
2includes, but is not limited to, soaps and cleaning solutions,
3shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
4lotions and screens, unless those products are available by
5prescription only, regardless of whether the products meet the
6definition of "over-the-counter-drugs". For the purposes of
7this paragraph, "over-the-counter-drug" means a drug for human
8use that contains a label that identifies the product as a drug
9as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
10label includes:
11        (A) A "Drug Facts" panel; or
12        (B) A statement of the "active ingredient(s)" with a
13    list of those ingredients contained in the compound,
14    substance or preparation.
15    If the property that is acquired from a serviceman is
16acquired outside Illinois and used outside Illinois before
17being brought to Illinois for use here and is taxable under
18this Act, the "selling price" on which the tax is computed
19shall be reduced by an amount that represents a reasonable
20allowance for depreciation for the period of prior out-of-state
21use.
22(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
23eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
24eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
25    Section 6-150. The Service Occupation Tax Act is amended by

 

 

09800SB0026ham001- 143 -LRB098 05310 KTG 46196 a

1changing Sections 3-5 and 3-10 as follows:
 
2    (35 ILCS 115/3-5)
3    Sec. 3-5. Exemptions. The following tangible personal
4property is exempt from the tax imposed by this Act:
5    (1) Personal property sold by a corporation, society,
6association, foundation, institution, or organization, other
7than a limited liability company, that is organized and
8operated as a not-for-profit service enterprise for the benefit
9of persons 65 years of age or older if the personal property
10was not purchased by the enterprise for the purpose of resale
11by the enterprise.
12    (2) Personal property purchased by a not-for-profit
13Illinois county fair association for use in conducting,
14operating, or promoting the county fair.
15    (3) Personal property purchased by any not-for-profit arts
16or cultural organization that establishes, by proof required by
17the Department by rule, that it has received an exemption under
18Section 501(c)(3) of the Internal Revenue Code and that is
19organized and operated primarily for the presentation or
20support of arts or cultural programming, activities, or
21services. These organizations include, but are not limited to,
22music and dramatic arts organizations such as symphony
23orchestras and theatrical groups, arts and cultural service
24organizations, local arts councils, visual arts organizations,
25and media arts organizations. On and after the effective date

 

 

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1of this amendatory Act of the 92nd General Assembly, however,
2an entity otherwise eligible for this exemption shall not make
3tax-free purchases unless it has an active identification
4number issued by the Department.
5    (4) Legal tender, currency, medallions, or gold or silver
6coinage issued by the State of Illinois, the government of the
7United States of America, or the government of any foreign
8country, and bullion.
9    (5) Until July 1, 2003 and beginning again on September 1,
102004 through August 30, 2014, graphic arts machinery and
11equipment, including repair and replacement parts, both new and
12used, and including that manufactured on special order or
13purchased for lease, certified by the purchaser to be used
14primarily for graphic arts production. Equipment includes
15chemicals or chemicals acting as catalysts but only if the
16chemicals or chemicals acting as catalysts effect a direct and
17immediate change upon a graphic arts product.
18    (6) Personal property sold by a teacher-sponsored student
19organization affiliated with an elementary or secondary school
20located in Illinois.
21    (7) Farm machinery and equipment, both new and used,
22including that manufactured on special order, certified by the
23purchaser to be used primarily for production agriculture or
24State or federal agricultural programs, including individual
25replacement parts for the machinery and equipment, including
26machinery and equipment purchased for lease, and including

 

 

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1implements of husbandry defined in Section 1-130 of the
2Illinois Vehicle Code, farm machinery and agricultural
3chemical and fertilizer spreaders, and nurse wagons required to
4be registered under Section 3-809 of the Illinois Vehicle Code,
5but excluding other motor vehicles required to be registered
6under the Illinois Vehicle Code. Horticultural polyhouses or
7hoop houses used for propagating, growing, or overwintering
8plants shall be considered farm machinery and equipment under
9this item (7). Agricultural chemical tender tanks and dry boxes
10shall include units sold separately from a motor vehicle
11required to be licensed and units sold mounted on a motor
12vehicle required to be licensed if the selling price of the
13tender is separately stated.
14    Farm machinery and equipment shall include precision
15farming equipment that is installed or purchased to be
16installed on farm machinery and equipment including, but not
17limited to, tractors, harvesters, sprayers, planters, seeders,
18or spreaders. Precision farming equipment includes, but is not
19limited to, soil testing sensors, computers, monitors,
20software, global positioning and mapping systems, and other
21such equipment.
22    Farm machinery and equipment also includes computers,
23sensors, software, and related equipment used primarily in the
24computer-assisted operation of production agriculture
25facilities, equipment, and activities such as, but not limited
26to, the collection, monitoring, and correlation of animal and

 

 

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1crop data for the purpose of formulating animal diets and
2agricultural chemicals. This item (7) is exempt from the
3provisions of Section 3-55.
4    (8) Fuel and petroleum products sold to or used by an air
5common carrier, certified by the carrier to be used for
6consumption, shipment, or storage in the conduct of its
7business as an air common carrier, for a flight destined for or
8returning from a location or locations outside the United
9States without regard to previous or subsequent domestic
10stopovers.
11    (9) Proceeds of mandatory service charges separately
12stated on customers' bills for the purchase and consumption of
13food and beverages, to the extent that the proceeds of the
14service charge are in fact turned over as tips or as a
15substitute for tips to the employees who participate directly
16in preparing, serving, hosting or cleaning up the food or
17beverage function with respect to which the service charge is
18imposed.
19    (10) Until July 1, 2003, oil field exploration, drilling,
20and production equipment, including (i) rigs and parts of rigs,
21rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
22tubular goods, including casing and drill strings, (iii) pumps
23and pump-jack units, (iv) storage tanks and flow lines, (v) any
24individual replacement part for oil field exploration,
25drilling, and production equipment, and (vi) machinery and
26equipment purchased for lease; but excluding motor vehicles

 

 

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1required to be registered under the Illinois Vehicle Code.
2    (11) Photoprocessing machinery and equipment, including
3repair and replacement parts, both new and used, including that
4manufactured on special order, certified by the purchaser to be
5used primarily for photoprocessing, and including
6photoprocessing machinery and equipment purchased for lease.
7    (12) Until July 1, 2003, and beginning again on the
8effective date of this amendatory Act of the 97th General
9Assembly and thereafter, coal and aggregate exploration,
10mining, offhighway hauling, processing, maintenance, and
11reclamation equipment, including replacement parts and
12equipment, and including equipment purchased for lease, but
13excluding motor vehicles required to be registered under the
14Illinois Vehicle Code.
15    (13) Beginning January 1, 1992 and through June 30, 2016,
16food for human consumption that is to be consumed off the
17premises where it is sold (other than alcoholic beverages, soft
18drinks and food that has been prepared for immediate
19consumption) and prescription and non-prescription medicines,
20drugs, medical appliances, and insulin, urine testing
21materials, syringes, and needles used by diabetics, for human
22use, when purchased for use by a person receiving medical
23assistance under Article V of the Illinois Public Aid Code who
24resides in a licensed long-term care facility, as defined in
25the Nursing Home Care Act, or in a licensed facility as defined
26in the ID/DD Community Care Act or the Specialized Mental

 

 

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1Health Rehabilitation Act of 2013.
2    (14) Semen used for artificial insemination of livestock
3for direct agricultural production.
4    (15) Horses, or interests in horses, registered with and
5meeting the requirements of any of the Arabian Horse Club
6Registry of America, Appaloosa Horse Club, American Quarter
7Horse Association, United States Trotting Association, or
8Jockey Club, as appropriate, used for purposes of breeding or
9racing for prizes. This item (15) is exempt from the provisions
10of Section 3-55, and the exemption provided for under this item
11(15) applies for all periods beginning May 30, 1995, but no
12claim for credit or refund is allowed on or after January 1,
132008 (the effective date of Public Act 95-88) for such taxes
14paid during the period beginning May 30, 2000 and ending on
15January 1, 2008 (the effective date of Public Act 95-88).
16    (16) Computers and communications equipment utilized for
17any hospital purpose and equipment used in the diagnosis,
18analysis, or treatment of hospital patients sold to a lessor
19who leases the equipment, under a lease of one year or longer
20executed or in effect at the time of the purchase, to a
21hospital that has been issued an active tax exemption
22identification number by the Department under Section 1g of the
23Retailers' Occupation Tax Act.
24    (17) Personal property sold to a lessor who leases the
25property, under a lease of one year or longer executed or in
26effect at the time of the purchase, to a governmental body that

 

 

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1has been issued an active tax exemption identification number
2by the Department under Section 1g of the Retailers' Occupation
3Tax Act.
4    (18) Beginning with taxable years ending on or after
5December 31, 1995 and ending with taxable years ending on or
6before December 31, 2004, personal property that is donated for
7disaster relief to be used in a State or federally declared
8disaster area in Illinois or bordering Illinois by a
9manufacturer or retailer that is registered in this State to a
10corporation, society, association, foundation, or institution
11that has been issued a sales tax exemption identification
12number by the Department that assists victims of the disaster
13who reside within the declared disaster area.
14    (19) Beginning with taxable years ending on or after
15December 31, 1995 and ending with taxable years ending on or
16before December 31, 2004, personal property that is used in the
17performance of infrastructure repairs in this State, including
18but not limited to municipal roads and streets, access roads,
19bridges, sidewalks, waste disposal systems, water and sewer
20line extensions, water distribution and purification
21facilities, storm water drainage and retention facilities, and
22sewage treatment facilities, resulting from a State or
23federally declared disaster in Illinois or bordering Illinois
24when such repairs are initiated on facilities located in the
25declared disaster area within 6 months after the disaster.
26    (20) Beginning July 1, 1999, game or game birds sold at a

 

 

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1"game breeding and hunting preserve area" as that term is used
2in the Wildlife Code. This paragraph is exempt from the
3provisions of Section 3-55.
4    (21) A motor vehicle, as that term is defined in Section
51-146 of the Illinois Vehicle Code, that is donated to a
6corporation, limited liability company, society, association,
7foundation, or institution that is determined by the Department
8to be organized and operated exclusively for educational
9purposes. For purposes of this exemption, "a corporation,
10limited liability company, society, association, foundation,
11or institution organized and operated exclusively for
12educational purposes" means all tax-supported public schools,
13private schools that offer systematic instruction in useful
14branches of learning by methods common to public schools and
15that compare favorably in their scope and intensity with the
16course of study presented in tax-supported schools, and
17vocational or technical schools or institutes organized and
18operated exclusively to provide a course of study of not less
19than 6 weeks duration and designed to prepare individuals to
20follow a trade or to pursue a manual, technical, mechanical,
21industrial, business, or commercial occupation.
22    (22) Beginning January 1, 2000, personal property,
23including food, purchased through fundraising events for the
24benefit of a public or private elementary or secondary school,
25a group of those schools, or one or more school districts if
26the events are sponsored by an entity recognized by the school

 

 

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1district that consists primarily of volunteers and includes
2parents and teachers of the school children. This paragraph
3does not apply to fundraising events (i) for the benefit of
4private home instruction or (ii) for which the fundraising
5entity purchases the personal property sold at the events from
6another individual or entity that sold the property for the
7purpose of resale by the fundraising entity and that profits
8from the sale to the fundraising entity. This paragraph is
9exempt from the provisions of Section 3-55.
10    (23) Beginning January 1, 2000 and through December 31,
112001, new or used automatic vending machines that prepare and
12serve hot food and beverages, including coffee, soup, and other
13items, and replacement parts for these machines. Beginning
14January 1, 2002 and through June 30, 2003, machines and parts
15for machines used in commercial, coin-operated amusement and
16vending business if a use or occupation tax is paid on the
17gross receipts derived from the use of the commercial,
18coin-operated amusement and vending machines. This paragraph
19is exempt from the provisions of Section 3-55.
20    (24) Beginning on the effective date of this amendatory Act
21of the 92nd General Assembly, computers and communications
22equipment utilized for any hospital purpose and equipment used
23in the diagnosis, analysis, or treatment of hospital patients
24sold to a lessor who leases the equipment, under a lease of one
25year or longer executed or in effect at the time of the
26purchase, to a hospital that has been issued an active tax

 

 

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1exemption identification number by the Department under
2Section 1g of the Retailers' Occupation Tax Act. This paragraph
3is exempt from the provisions of Section 3-55.
4    (25) Beginning on the effective date of this amendatory Act
5of the 92nd General Assembly, personal property sold to a
6lessor who leases the property, under a lease of one year or
7longer executed or in effect at the time of the purchase, to a
8governmental body that has been issued an active tax exemption
9identification number by the Department under Section 1g of the
10Retailers' Occupation Tax Act. This paragraph is exempt from
11the provisions of Section 3-55.
12    (26) Beginning on January 1, 2002 and through June 30,
132016, tangible personal property purchased from an Illinois
14retailer by a taxpayer engaged in centralized purchasing
15activities in Illinois who will, upon receipt of the property
16in Illinois, temporarily store the property in Illinois (i) for
17the purpose of subsequently transporting it outside this State
18for use or consumption thereafter solely outside this State or
19(ii) for the purpose of being processed, fabricated, or
20manufactured into, attached to, or incorporated into other
21tangible personal property to be transported outside this State
22and thereafter used or consumed solely outside this State. The
23Director of Revenue shall, pursuant to rules adopted in
24accordance with the Illinois Administrative Procedure Act,
25issue a permit to any taxpayer in good standing with the
26Department who is eligible for the exemption under this

 

 

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1paragraph (26). The permit issued under this paragraph (26)
2shall authorize the holder, to the extent and in the manner
3specified in the rules adopted under this Act, to purchase
4tangible personal property from a retailer exempt from the
5taxes imposed by this Act. Taxpayers shall maintain all
6necessary books and records to substantiate the use and
7consumption of all such tangible personal property outside of
8the State of Illinois.
9    (27) Beginning January 1, 2008, tangible personal property
10used in the construction or maintenance of a community water
11supply, as defined under Section 3.145 of the Environmental
12Protection Act, that is operated by a not-for-profit
13corporation that holds a valid water supply permit issued under
14Title IV of the Environmental Protection Act. This paragraph is
15exempt from the provisions of Section 3-55.
16    (28) Tangible personal property sold to a
17public-facilities corporation, as described in Section
1811-65-10 of the Illinois Municipal Code, for purposes of
19constructing or furnishing a municipal convention hall, but
20only if the legal title to the municipal convention hall is
21transferred to the municipality without any further
22consideration by or on behalf of the municipality at the time
23of the completion of the municipal convention hall or upon the
24retirement or redemption of any bonds or other debt instruments
25issued by the public-facilities corporation in connection with
26the development of the municipal convention hall. This

 

 

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1exemption includes existing public-facilities corporations as
2provided in Section 11-65-25 of the Illinois Municipal Code.
3This paragraph is exempt from the provisions of Section 3-55.
4    (29) Beginning January 1, 2010, materials, parts,
5equipment, components, and furnishings incorporated into or
6upon an aircraft as part of the modification, refurbishment,
7completion, replacement, repair, or maintenance of the
8aircraft. This exemption includes consumable supplies used in
9the modification, refurbishment, completion, replacement,
10repair, and maintenance of aircraft, but excludes any
11materials, parts, equipment, components, and consumable
12supplies used in the modification, replacement, repair, and
13maintenance of aircraft engines or power plants, whether such
14engines or power plants are installed or uninstalled upon any
15such aircraft. "Consumable supplies" include, but are not
16limited to, adhesive, tape, sandpaper, general purpose
17lubricants, cleaning solution, latex gloves, and protective
18films. This exemption applies only to those organizations that
19(i) hold an Air Agency Certificate and are empowered to operate
20an approved repair station by the Federal Aviation
21Administration, (ii) have a Class IV Rating, and (iii) conduct
22operations in accordance with Part 145 of the Federal Aviation
23Regulations. The exemption does not include aircraft operated
24by a commercial air carrier providing scheduled passenger air
25service pursuant to authority issued under Part 121 or Part 129
26of the Federal Aviation Regulations.

 

 

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1(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
296-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
37-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff.
41-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff.
57-9-12.)
 
6    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
7    Sec. 3-10. Rate of tax. Unless otherwise provided in this
8Section, the tax imposed by this Act is at the rate of 6.25% of
9the "selling price", as defined in Section 2 of the Service Use
10Tax Act, of the tangible personal property. For the purpose of
11computing this tax, in no event shall the "selling price" be
12less than the cost price to the serviceman of the tangible
13personal property transferred. The selling price of each item
14of tangible personal property transferred as an incident of a
15sale of service may be shown as a distinct and separate item on
16the serviceman's billing to the service customer. If the
17selling price is not so shown, the selling price of the
18tangible personal property is deemed to be 50% of the
19serviceman's entire billing to the service customer. When,
20however, a serviceman contracts to design, develop, and produce
21special order machinery or equipment, the tax imposed by this
22Act shall be based on the serviceman's cost price of the
23tangible personal property transferred incident to the
24completion of the contract.
25    Beginning on July 1, 2000 and through December 31, 2000,

 

 

09800SB0026ham001- 156 -LRB098 05310 KTG 46196 a

1with respect to motor fuel, as defined in Section 1.1 of the
2Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
3the Use Tax Act, the tax is imposed at the rate of 1.25%.
4    With respect to gasohol, as defined in the Use Tax Act, the
5tax imposed by this Act shall apply to (i) 70% of the cost
6price of property transferred as an incident to the sale of
7service on or after January 1, 1990, and before July 1, 2003,
8(ii) 80% of the selling price of property transferred as an
9incident to the sale of service on or after July 1, 2003 and on
10or before December 31, 2018, and (iii) 100% of the cost price
11thereafter. If, at any time, however, the tax under this Act on
12sales of gasohol, as defined in the Use Tax Act, is imposed at
13the rate of 1.25%, then the tax imposed by this Act applies to
14100% of the proceeds of sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, as defined
16in the Use Tax Act, the tax imposed by this Act does not apply
17to the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19December 31, 2018 but applies to 100% of the selling price
20thereafter.
21    With respect to biodiesel blends, as defined in the Use Tax
22Act, with no less than 1% and no more than 10% biodiesel, the
23tax imposed by this Act applies to (i) 80% of the selling price
24of property transferred as an incident to the sale of service
25on or after July 1, 2003 and on or before December 31, 2018 and
26(ii) 100% of the proceeds of the selling price thereafter. If,

 

 

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1at any time, however, the tax under this Act on sales of
2biodiesel blends, as defined in the Use Tax Act, with no less
3than 1% and no more than 10% biodiesel is imposed at the rate
4of 1.25%, then the tax imposed by this Act applies to 100% of
5the proceeds of sales of biodiesel blends with no less than 1%
6and no more than 10% biodiesel made during that time.
7    With respect to 100% biodiesel, as defined in the Use Tax
8Act, and biodiesel blends, as defined in the Use Tax Act, with
9more than 10% but no more than 99% biodiesel material, the tax
10imposed by this Act does not apply to the proceeds of the
11selling price of property transferred as an incident to the
12sale of service on or after July 1, 2003 and on or before
13December 31, 2018 but applies to 100% of the selling price
14thereafter.
15    At the election of any registered serviceman made for each
16fiscal year, sales of service in which the aggregate annual
17cost price of tangible personal property transferred as an
18incident to the sales of service is less than 35%, or 75% in
19the case of servicemen transferring prescription drugs or
20servicemen engaged in graphic arts production, of the aggregate
21annual total gross receipts from all sales of service, the tax
22imposed by this Act shall be based on the serviceman's cost
23price of the tangible personal property transferred incident to
24the sale of those services.
25    The tax shall be imposed at the rate of 1% on food prepared
26for immediate consumption and transferred incident to a sale of

 

 

09800SB0026ham001- 158 -LRB098 05310 KTG 46196 a

1service subject to this Act or the Service Occupation Tax Act
2by an entity licensed under the Hospital Licensing Act, the
3Nursing Home Care Act, the ID/DD Community Care Act, the
4Specialized Mental Health Rehabilitation Act of 2013, or the
5Child Care Act of 1969. The tax shall also be imposed at the
6rate of 1% on food for human consumption that is to be consumed
7off the premises where it is sold (other than alcoholic
8beverages, soft drinks, and food that has been prepared for
9immediate consumption and is not otherwise included in this
10paragraph) and prescription and nonprescription medicines,
11drugs, medical appliances, modifications to a motor vehicle for
12the purpose of rendering it usable by a disabled person, and
13insulin, urine testing materials, syringes, and needles used by
14diabetics, for human use. For the purposes of this Section,
15until September 1, 2009: the term "soft drinks" means any
16complete, finished, ready-to-use, non-alcoholic drink, whether
17carbonated or not, including but not limited to soda water,
18cola, fruit juice, vegetable juice, carbonated water, and all
19other preparations commonly known as soft drinks of whatever
20kind or description that are contained in any closed or sealed
21can, carton, or container, regardless of size; but "soft
22drinks" does not include coffee, tea, non-carbonated water,
23infant formula, milk or milk products as defined in the Grade A
24Pasteurized Milk and Milk Products Act, or drinks containing
2550% or more natural fruit or vegetable juice.
26    Notwithstanding any other provisions of this Act,

 

 

09800SB0026ham001- 159 -LRB098 05310 KTG 46196 a

1beginning September 1, 2009, "soft drinks" means non-alcoholic
2beverages that contain natural or artificial sweeteners. "Soft
3drinks" do not include beverages that contain milk or milk
4products, soy, rice or similar milk substitutes, or greater
5than 50% of vegetable or fruit juice by volume.
6    Until August 1, 2009, and notwithstanding any other
7provisions of this Act, "food for human consumption that is to
8be consumed off the premises where it is sold" includes all
9food sold through a vending machine, except soft drinks and
10food products that are dispensed hot from a vending machine,
11regardless of the location of the vending machine. Beginning
12August 1, 2009, and notwithstanding any other provisions of
13this Act, "food for human consumption that is to be consumed
14off the premises where it is sold" includes all food sold
15through a vending machine, except soft drinks, candy, and food
16products that are dispensed hot from a vending machine,
17regardless of the location of the vending machine.
18    Notwithstanding any other provisions of this Act,
19beginning September 1, 2009, "food for human consumption that
20is to be consumed off the premises where it is sold" does not
21include candy. For purposes of this Section, "candy" means a
22preparation of sugar, honey, or other natural or artificial
23sweeteners in combination with chocolate, fruits, nuts or other
24ingredients or flavorings in the form of bars, drops, or
25pieces. "Candy" does not include any preparation that contains
26flour or requires refrigeration.

 

 

09800SB0026ham001- 160 -LRB098 05310 KTG 46196 a

1    Notwithstanding any other provisions of this Act,
2beginning September 1, 2009, "nonprescription medicines and
3drugs" does not include grooming and hygiene products. For
4purposes of this Section, "grooming and hygiene products"
5includes, but is not limited to, soaps and cleaning solutions,
6shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
7lotions and screens, unless those products are available by
8prescription only, regardless of whether the products meet the
9definition of "over-the-counter-drugs". For the purposes of
10this paragraph, "over-the-counter-drug" means a drug for human
11use that contains a label that identifies the product as a drug
12as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
13label includes:
14        (A) A "Drug Facts" panel; or
15        (B) A statement of the "active ingredient(s)" with a
16    list of those ingredients contained in the compound,
17    substance or preparation.
18(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
19eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
20eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
21    Section 6-155. The Retailers' Occupation Tax Act is amended
22by changing Section 2-5 as follows:
 
23    (35 ILCS 120/2-5)
24    Sec. 2-5. Exemptions. Gross receipts from proceeds from the

 

 

09800SB0026ham001- 161 -LRB098 05310 KTG 46196 a

1sale of the following tangible personal property are exempt
2from the tax imposed by this Act:
3    (1) Farm chemicals.
4    (2) Farm machinery and equipment, both new and used,
5including that manufactured on special order, certified by the
6purchaser to be used primarily for production agriculture or
7State or federal agricultural programs, including individual
8replacement parts for the machinery and equipment, including
9machinery and equipment purchased for lease, and including
10implements of husbandry defined in Section 1-130 of the
11Illinois Vehicle Code, farm machinery and agricultural
12chemical and fertilizer spreaders, and nurse wagons required to
13be registered under Section 3-809 of the Illinois Vehicle Code,
14but excluding other motor vehicles required to be registered
15under the Illinois Vehicle Code. Horticultural polyhouses or
16hoop houses used for propagating, growing, or overwintering
17plants shall be considered farm machinery and equipment under
18this item (2). Agricultural chemical tender tanks and dry boxes
19shall include units sold separately from a motor vehicle
20required to be licensed and units sold mounted on a motor
21vehicle required to be licensed, if the selling price of the
22tender is separately stated.
23    Farm machinery and equipment shall include precision
24farming equipment that is installed or purchased to be
25installed on farm machinery and equipment including, but not
26limited to, tractors, harvesters, sprayers, planters, seeders,

 

 

09800SB0026ham001- 162 -LRB098 05310 KTG 46196 a

1or spreaders. Precision farming equipment includes, but is not
2limited to, soil testing sensors, computers, monitors,
3software, global positioning and mapping systems, and other
4such equipment.
5    Farm machinery and equipment also includes computers,
6sensors, software, and related equipment used primarily in the
7computer-assisted operation of production agriculture
8facilities, equipment, and activities such as, but not limited
9to, the collection, monitoring, and correlation of animal and
10crop data for the purpose of formulating animal diets and
11agricultural chemicals. This item (2) is exempt from the
12provisions of Section 2-70.
13    (3) Until July 1, 2003, distillation machinery and
14equipment, sold as a unit or kit, assembled or installed by the
15retailer, certified by the user to be used only for the
16production of ethyl alcohol that will be used for consumption
17as motor fuel or as a component of motor fuel for the personal
18use of the user, and not subject to sale or resale.
19    (4) Until July 1, 2003 and beginning again September 1,
202004 through August 30, 2014, graphic arts machinery and
21equipment, including repair and replacement parts, both new and
22used, and including that manufactured on special order or
23purchased for lease, certified by the purchaser to be used
24primarily for graphic arts production. Equipment includes
25chemicals or chemicals acting as catalysts but only if the
26chemicals or chemicals acting as catalysts effect a direct and

 

 

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1immediate change upon a graphic arts product.
2    (5) A motor vehicle of the first division, a motor vehicle
3of the second division that is a self contained motor vehicle
4designed or permanently converted to provide living quarters
5for recreational, camping, or travel use, with direct walk
6through access to the living quarters from the driver's seat,
7or a motor vehicle of the second division that is of the van
8configuration designed for the transportation of not less than
97 nor more than 16 passengers, as defined in Section 1-146 of
10the Illinois Vehicle Code, that is used for automobile renting,
11as defined in the Automobile Renting Occupation and Use Tax
12Act. This paragraph is exempt from the provisions of Section
132-70.
14    (6) Personal property sold by a teacher-sponsored student
15organization affiliated with an elementary or secondary school
16located in Illinois.
17    (7) Until July 1, 2003, proceeds of that portion of the
18selling price of a passenger car the sale of which is subject
19to the Replacement Vehicle Tax.
20    (8) Personal property sold to an Illinois county fair
21association for use in conducting, operating, or promoting the
22county fair.
23    (9) Personal property sold to a not-for-profit arts or
24cultural organization that establishes, by proof required by
25the Department by rule, that it has received an exemption under
26Section 501(c)(3) of the Internal Revenue Code and that is

 

 

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1organized and operated primarily for the presentation or
2support of arts or cultural programming, activities, or
3services. These organizations include, but are not limited to,
4music and dramatic arts organizations such as symphony
5orchestras and theatrical groups, arts and cultural service
6organizations, local arts councils, visual arts organizations,
7and media arts organizations. On and after the effective date
8of this amendatory Act of the 92nd General Assembly, however,
9an entity otherwise eligible for this exemption shall not make
10tax-free purchases unless it has an active identification
11number issued by the Department.
12    (10) Personal property sold by a corporation, society,
13association, foundation, institution, or organization, other
14than a limited liability company, that is organized and
15operated as a not-for-profit service enterprise for the benefit
16of persons 65 years of age or older if the personal property
17was not purchased by the enterprise for the purpose of resale
18by the enterprise.
19    (11) Personal property sold to a governmental body, to a
20corporation, society, association, foundation, or institution
21organized and operated exclusively for charitable, religious,
22or educational purposes, or to a not-for-profit corporation,
23society, association, foundation, institution, or organization
24that has no compensated officers or employees and that is
25organized and operated primarily for the recreation of persons
2655 years of age or older. A limited liability company may

 

 

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1qualify for the exemption under this paragraph only if the
2limited liability company is organized and operated
3exclusively for educational purposes. On and after July 1,
41987, however, no entity otherwise eligible for this exemption
5shall make tax-free purchases unless it has an active
6identification number issued by the Department.
7    (12) Tangible personal property sold to interstate
8carriers for hire for use as rolling stock moving in interstate
9commerce or to lessors under leases of one year or longer
10executed or in effect at the time of purchase by interstate
11carriers for hire for use as rolling stock moving in interstate
12commerce and equipment operated by a telecommunications
13provider, licensed as a common carrier by the Federal
14Communications Commission, which is permanently installed in
15or affixed to aircraft moving in interstate commerce.
16    (12-5) On and after July 1, 2003 and through June 30, 2004,
17motor vehicles of the second division with a gross vehicle
18weight in excess of 8,000 pounds that are subject to the
19commercial distribution fee imposed under Section 3-815.1 of
20the Illinois Vehicle Code. Beginning on July 1, 2004 and
21through June 30, 2005, the use in this State of motor vehicles
22of the second division: (i) with a gross vehicle weight rating
23in excess of 8,000 pounds; (ii) that are subject to the
24commercial distribution fee imposed under Section 3-815.1 of
25the Illinois Vehicle Code; and (iii) that are primarily used
26for commercial purposes. Through June 30, 2005, this exemption

 

 

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1applies to repair and replacement parts added after the initial
2purchase of such a motor vehicle if that motor vehicle is used
3in a manner that would qualify for the rolling stock exemption
4otherwise provided for in this Act. For purposes of this
5paragraph, "used for commercial purposes" means the
6transportation of persons or property in furtherance of any
7commercial or industrial enterprise whether for-hire or not.
8    (13) Proceeds from sales to owners, lessors, or shippers of
9tangible personal property that is utilized by interstate
10carriers for hire for use as rolling stock moving in interstate
11commerce and equipment operated by a telecommunications
12provider, licensed as a common carrier by the Federal
13Communications Commission, which is permanently installed in
14or affixed to aircraft moving in interstate commerce.
15    (14) Machinery and equipment that will be used by the
16purchaser, or a lessee of the purchaser, primarily in the
17process of manufacturing or assembling tangible personal
18property for wholesale or retail sale or lease, whether the
19sale or lease is made directly by the manufacturer or by some
20other person, whether the materials used in the process are
21owned by the manufacturer or some other person, or whether the
22sale or lease is made apart from or as an incident to the
23seller's engaging in the service occupation of producing
24machines, tools, dies, jigs, patterns, gauges, or other similar
25items of no commercial value on special order for a particular
26purchaser.

 

 

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1    (15) Proceeds of mandatory service charges separately
2stated on customers' bills for purchase and consumption of food
3and beverages, to the extent that the proceeds of the service
4charge are in fact turned over as tips or as a substitute for
5tips to the employees who participate directly in preparing,
6serving, hosting or cleaning up the food or beverage function
7with respect to which the service charge is imposed.
8    (16) Petroleum products sold to a purchaser if the seller
9is prohibited by federal law from charging tax to the
10purchaser.
11    (17) Tangible personal property sold to a common carrier by
12rail or motor that receives the physical possession of the
13property in Illinois and that transports the property, or
14shares with another common carrier in the transportation of the
15property, out of Illinois on a standard uniform bill of lading
16showing the seller of the property as the shipper or consignor
17of the property to a destination outside Illinois, for use
18outside Illinois.
19    (18) Legal tender, currency, medallions, or gold or silver
20coinage issued by the State of Illinois, the government of the
21United States of America, or the government of any foreign
22country, and bullion.
23    (19) Until July 1 2003, oil field exploration, drilling,
24and production equipment, including (i) rigs and parts of rigs,
25rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
26tubular goods, including casing and drill strings, (iii) pumps

 

 

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1and pump-jack units, (iv) storage tanks and flow lines, (v) any
2individual replacement part for oil field exploration,
3drilling, and production equipment, and (vi) machinery and
4equipment purchased for lease; but excluding motor vehicles
5required to be registered under the Illinois Vehicle Code.
6    (20) Photoprocessing machinery and equipment, including
7repair and replacement parts, both new and used, including that
8manufactured on special order, certified by the purchaser to be
9used primarily for photoprocessing, and including
10photoprocessing machinery and equipment purchased for lease.
11    (21) Until July 1, 2003, and beginning again on the
12effective date of this amendatory Act of the 97th General
13Assembly and thereafter, coal and aggregate exploration,
14mining, offhighway hauling, processing, maintenance, and
15reclamation equipment, including replacement parts and
16equipment, and including equipment purchased for lease, but
17excluding motor vehicles required to be registered under the
18Illinois Vehicle Code.
19    (22) Fuel and petroleum products sold to or used by an air
20carrier, certified by the carrier to be used for consumption,
21shipment, or storage in the conduct of its business as an air
22common carrier, for a flight destined for or returning from a
23location or locations outside the United States without regard
24to previous or subsequent domestic stopovers.
25    (23) A transaction in which the purchase order is received
26by a florist who is located outside Illinois, but who has a

 

 

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1florist located in Illinois deliver the property to the
2purchaser or the purchaser's donee in Illinois.
3    (24) Fuel consumed or used in the operation of ships,
4barges, or vessels that are used primarily in or for the
5transportation of property or the conveyance of persons for
6hire on rivers bordering on this State if the fuel is delivered
7by the seller to the purchaser's barge, ship, or vessel while
8it is afloat upon that bordering river.
9    (25) Except as provided in item (25-5) of this Section, a
10motor vehicle sold in this State to a nonresident even though
11the motor vehicle is delivered to the nonresident in this
12State, if the motor vehicle is not to be titled in this State,
13and if a drive-away permit is issued to the motor vehicle as
14provided in Section 3-603 of the Illinois Vehicle Code or if
15the nonresident purchaser has vehicle registration plates to
16transfer to the motor vehicle upon returning to his or her home
17state. The issuance of the drive-away permit or having the
18out-of-state registration plates to be transferred is prima
19facie evidence that the motor vehicle will not be titled in
20this State.
21    (25-5) The exemption under item (25) does not apply if the
22state in which the motor vehicle will be titled does not allow
23a reciprocal exemption for a motor vehicle sold and delivered
24in that state to an Illinois resident but titled in Illinois.
25The tax collected under this Act on the sale of a motor vehicle
26in this State to a resident of another state that does not

 

 

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1allow a reciprocal exemption shall be imposed at a rate equal
2to the state's rate of tax on taxable property in the state in
3which the purchaser is a resident, except that the tax shall
4not exceed the tax that would otherwise be imposed under this
5Act. At the time of the sale, the purchaser shall execute a
6statement, signed under penalty of perjury, of his or her
7intent to title the vehicle in the state in which the purchaser
8is a resident within 30 days after the sale and of the fact of
9the payment to the State of Illinois of tax in an amount
10equivalent to the state's rate of tax on taxable property in
11his or her state of residence and shall submit the statement to
12the appropriate tax collection agency in his or her state of
13residence. In addition, the retailer must retain a signed copy
14of the statement in his or her records. Nothing in this item
15shall be construed to require the removal of the vehicle from
16this state following the filing of an intent to title the
17vehicle in the purchaser's state of residence if the purchaser
18titles the vehicle in his or her state of residence within 30
19days after the date of sale. The tax collected under this Act
20in accordance with this item (25-5) shall be proportionately
21distributed as if the tax were collected at the 6.25% general
22rate imposed under this Act.
23    (25-7) Beginning on July 1, 2007, no tax is imposed under
24this Act on the sale of an aircraft, as defined in Section 3 of
25the Illinois Aeronautics Act, if all of the following
26conditions are met:

 

 

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1        (1) the aircraft leaves this State within 15 days after
2    the later of either the issuance of the final billing for
3    the sale of the aircraft, or the authorized approval for
4    return to service, completion of the maintenance record
5    entry, and completion of the test flight and ground test
6    for inspection, as required by 14 C.F.R. 91.407;
7        (2) the aircraft is not based or registered in this
8    State after the sale of the aircraft; and
9        (3) the seller retains in his or her books and records
10    and provides to the Department a signed and dated
11    certification from the purchaser, on a form prescribed by
12    the Department, certifying that the requirements of this
13    item (25-7) are met. The certificate must also include the
14    name and address of the purchaser, the address of the
15    location where the aircraft is to be titled or registered,
16    the address of the primary physical location of the
17    aircraft, and other information that the Department may
18    reasonably require.
19    For purposes of this item (25-7):
20    "Based in this State" means hangared, stored, or otherwise
21used, excluding post-sale customizations as defined in this
22Section, for 10 or more days in each 12-month period
23immediately following the date of the sale of the aircraft.
24    "Registered in this State" means an aircraft registered
25with the Department of Transportation, Aeronautics Division,
26or titled or registered with the Federal Aviation

 

 

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1Administration to an address located in this State.
2    This paragraph (25-7) is exempt from the provisions of
3Section 2-70.
4    (26) Semen used for artificial insemination of livestock
5for direct agricultural production.
6    (27) Horses, or interests in horses, registered with and
7meeting the requirements of any of the Arabian Horse Club
8Registry of America, Appaloosa Horse Club, American Quarter
9Horse Association, United States Trotting Association, or
10Jockey Club, as appropriate, used for purposes of breeding or
11racing for prizes. This item (27) is exempt from the provisions
12of Section 2-70, and the exemption provided for under this item
13(27) applies for all periods beginning May 30, 1995, but no
14claim for credit or refund is allowed on or after January 1,
152008 (the effective date of Public Act 95-88) for such taxes
16paid during the period beginning May 30, 2000 and ending on
17January 1, 2008 (the effective date of Public Act 95-88).
18    (28) Computers and communications equipment utilized for
19any hospital purpose and equipment used in the diagnosis,
20analysis, or treatment of hospital patients sold to a lessor
21who leases the equipment, under a lease of one year or longer
22executed or in effect at the time of the purchase, to a
23hospital that has been issued an active tax exemption
24identification number by the Department under Section 1g of
25this Act.
26    (29) Personal property sold to a lessor who leases the

 

 

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1property, under a lease of one year or longer executed or in
2effect at the time of the purchase, to a governmental body that
3has been issued an active tax exemption identification number
4by the Department under Section 1g of this Act.
5    (30) Beginning with taxable years ending on or after
6December 31, 1995 and ending with taxable years ending on or
7before December 31, 2004, personal property that is donated for
8disaster relief to be used in a State or federally declared
9disaster area in Illinois or bordering Illinois by a
10manufacturer or retailer that is registered in this State to a
11corporation, society, association, foundation, or institution
12that has been issued a sales tax exemption identification
13number by the Department that assists victims of the disaster
14who reside within the declared disaster area.
15    (31) Beginning with taxable years ending on or after
16December 31, 1995 and ending with taxable years ending on or
17before December 31, 2004, personal property that is used in the
18performance of infrastructure repairs in this State, including
19but not limited to municipal roads and streets, access roads,
20bridges, sidewalks, waste disposal systems, water and sewer
21line extensions, water distribution and purification
22facilities, storm water drainage and retention facilities, and
23sewage treatment facilities, resulting from a State or
24federally declared disaster in Illinois or bordering Illinois
25when such repairs are initiated on facilities located in the
26declared disaster area within 6 months after the disaster.

 

 

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1    (32) Beginning July 1, 1999, game or game birds sold at a
2"game breeding and hunting preserve area" as that term is used
3in the Wildlife Code. This paragraph is exempt from the
4provisions of Section 2-70.
5    (33) A motor vehicle, as that term is defined in Section
61-146 of the Illinois Vehicle Code, that is donated to a
7corporation, limited liability company, society, association,
8foundation, or institution that is determined by the Department
9to be organized and operated exclusively for educational
10purposes. For purposes of this exemption, "a corporation,
11limited liability company, society, association, foundation,
12or institution organized and operated exclusively for
13educational purposes" means all tax-supported public schools,
14private schools that offer systematic instruction in useful
15branches of learning by methods common to public schools and
16that compare favorably in their scope and intensity with the
17course of study presented in tax-supported schools, and
18vocational or technical schools or institutes organized and
19operated exclusively to provide a course of study of not less
20than 6 weeks duration and designed to prepare individuals to
21follow a trade or to pursue a manual, technical, mechanical,
22industrial, business, or commercial occupation.
23    (34) Beginning January 1, 2000, personal property,
24including food, purchased through fundraising events for the
25benefit of a public or private elementary or secondary school,
26a group of those schools, or one or more school districts if

 

 

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1the events are sponsored by an entity recognized by the school
2district that consists primarily of volunteers and includes
3parents and teachers of the school children. This paragraph
4does not apply to fundraising events (i) for the benefit of
5private home instruction or (ii) for which the fundraising
6entity purchases the personal property sold at the events from
7another individual or entity that sold the property for the
8purpose of resale by the fundraising entity and that profits
9from the sale to the fundraising entity. This paragraph is
10exempt from the provisions of Section 2-70.
11    (35) Beginning January 1, 2000 and through December 31,
122001, new or used automatic vending machines that prepare and
13serve hot food and beverages, including coffee, soup, and other
14items, and replacement parts for these machines. Beginning
15January 1, 2002 and through June 30, 2003, machines and parts
16for machines used in commercial, coin-operated amusement and
17vending business if a use or occupation tax is paid on the
18gross receipts derived from the use of the commercial,
19coin-operated amusement and vending machines. This paragraph
20is exempt from the provisions of Section 2-70.
21    (35-5) Beginning August 23, 2001 and through June 30, 2016,
22food for human consumption that is to be consumed off the
23premises where it is sold (other than alcoholic beverages, soft
24drinks, and food that has been prepared for immediate
25consumption) and prescription and nonprescription medicines,
26drugs, medical appliances, and insulin, urine testing

 

 

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1materials, syringes, and needles used by diabetics, for human
2use, when purchased for use by a person receiving medical
3assistance under Article V of the Illinois Public Aid Code who
4resides in a licensed long-term care facility, as defined in
5the Nursing Home Care Act, or a licensed facility as defined in
6the ID/DD Community Care Act or the Specialized Mental Health
7Rehabilitation Act of 2013.
8    (36) Beginning August 2, 2001, computers and
9communications equipment utilized for any hospital purpose and
10equipment used in the diagnosis, analysis, or treatment of
11hospital patients sold to a lessor who leases the equipment,
12under a lease of one year or longer executed or in effect at
13the time of the purchase, to a hospital that has been issued an
14active tax exemption identification number by the Department
15under Section 1g of this Act. This paragraph is exempt from the
16provisions of Section 2-70.
17    (37) Beginning August 2, 2001, personal property sold to a
18lessor who leases the property, under a lease of one year or
19longer executed or in effect at the time of the purchase, to a
20governmental body that has been issued an active tax exemption
21identification number by the Department under Section 1g of
22this Act. This paragraph is exempt from the provisions of
23Section 2-70.
24    (38) Beginning on January 1, 2002 and through June 30,
252016, tangible personal property purchased from an Illinois
26retailer by a taxpayer engaged in centralized purchasing

 

 

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1activities in Illinois who will, upon receipt of the property
2in Illinois, temporarily store the property in Illinois (i) for
3the purpose of subsequently transporting it outside this State
4for use or consumption thereafter solely outside this State or
5(ii) for the purpose of being processed, fabricated, or
6manufactured into, attached to, or incorporated into other
7tangible personal property to be transported outside this State
8and thereafter used or consumed solely outside this State. The
9Director of Revenue shall, pursuant to rules adopted in
10accordance with the Illinois Administrative Procedure Act,
11issue a permit to any taxpayer in good standing with the
12Department who is eligible for the exemption under this
13paragraph (38). The permit issued under this paragraph (38)
14shall authorize the holder, to the extent and in the manner
15specified in the rules adopted under this Act, to purchase
16tangible personal property from a retailer exempt from the
17taxes imposed by this Act. Taxpayers shall maintain all
18necessary books and records to substantiate the use and
19consumption of all such tangible personal property outside of
20the State of Illinois.
21    (39) Beginning January 1, 2008, tangible personal property
22used in the construction or maintenance of a community water
23supply, as defined under Section 3.145 of the Environmental
24Protection Act, that is operated by a not-for-profit
25corporation that holds a valid water supply permit issued under
26Title IV of the Environmental Protection Act. This paragraph is

 

 

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1exempt from the provisions of Section 2-70.
2    (40) Beginning January 1, 2010, materials, parts,
3equipment, components, and furnishings incorporated into or
4upon an aircraft as part of the modification, refurbishment,
5completion, replacement, repair, or maintenance of the
6aircraft. This exemption includes consumable supplies used in
7the modification, refurbishment, completion, replacement,
8repair, and maintenance of aircraft, but excludes any
9materials, parts, equipment, components, and consumable
10supplies used in the modification, replacement, repair, and
11maintenance of aircraft engines or power plants, whether such
12engines or power plants are installed or uninstalled upon any
13such aircraft. "Consumable supplies" include, but are not
14limited to, adhesive, tape, sandpaper, general purpose
15lubricants, cleaning solution, latex gloves, and protective
16films. This exemption applies only to those organizations that
17(i) hold an Air Agency Certificate and are empowered to operate
18an approved repair station by the Federal Aviation
19Administration, (ii) have a Class IV Rating, and (iii) conduct
20operations in accordance with Part 145 of the Federal Aviation
21Regulations. The exemption does not include aircraft operated
22by a commercial air carrier providing scheduled passenger air
23service pursuant to authority issued under Part 121 or Part 129
24of the Federal Aviation Regulations.
25    (41) Tangible personal property sold to a
26public-facilities corporation, as described in Section

 

 

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111-65-10 of the Illinois Municipal Code, for purposes of
2constructing or furnishing a municipal convention hall, but
3only if the legal title to the municipal convention hall is
4transferred to the municipality without any further
5consideration by or on behalf of the municipality at the time
6of the completion of the municipal convention hall or upon the
7retirement or redemption of any bonds or other debt instruments
8issued by the public-facilities corporation in connection with
9the development of the municipal convention hall. This
10exemption includes existing public-facilities corporations as
11provided in Section 11-65-25 of the Illinois Municipal Code.
12This paragraph is exempt from the provisions of Section 2-70.
13(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
1496-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
157-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff.
161-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff.
177-9-12.)
 
18    Section 6-160. The Property Tax Code is amended by changing
19Sections 15-168, 15-170, and 15-172 as follows:
 
20    (35 ILCS 200/15-168)
21    Sec. 15-168. Disabled persons' homestead exemption.
22    (a) Beginning with taxable year 2007, an annual homestead
23exemption is granted to disabled persons in the amount of
24$2,000, except as provided in subsection (c), to be deducted

 

 

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1from the property's value as equalized or assessed by the
2Department of Revenue. The disabled person shall receive the
3homestead exemption upon meeting the following requirements:
4        (1) The property must be occupied as the primary
5    residence by the disabled person.
6        (2) The disabled person must be liable for paying the
7    real estate taxes on the property.
8        (3) The disabled person must be an owner of record of
9    the property or have a legal or equitable interest in the
10    property as evidenced by a written instrument. In the case
11    of a leasehold interest in property, the lease must be for
12    a single family residence.
13    A person who is disabled during the taxable year is
14eligible to apply for this homestead exemption during that
15taxable year. Application must be made during the application
16period in effect for the county of residence. If a homestead
17exemption has been granted under this Section and the person
18awarded the exemption subsequently becomes a resident of a
19facility licensed under the Nursing Home Care Act, the
20Specialized Mental Health Rehabilitation Act of 2013, or the
21ID/DD Community Care Act, then the exemption shall continue (i)
22so long as the residence continues to be occupied by the
23qualifying person's spouse or (ii) if the residence remains
24unoccupied but is still owned by the person qualified for the
25homestead exemption.
26    (b) For the purposes of this Section, "disabled person"

 

 

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1means a person unable to engage in any substantial gainful
2activity by reason of a medically determinable physical or
3mental impairment which can be expected to result in death or
4has lasted or can be expected to last for a continuous period
5of not less than 12 months. Disabled persons filing claims
6under this Act shall submit proof of disability in such form
7and manner as the Department shall by rule and regulation
8prescribe. Proof that a claimant is eligible to receive
9disability benefits under the Federal Social Security Act shall
10constitute proof of disability for purposes of this Act.
11Issuance of an Illinois Person with a Disability Identification
12Card stating that the claimant is under a Class 2 disability,
13as defined in Section 4A of the Illinois Identification Card
14Act, shall constitute proof that the person named thereon is a
15disabled person for purposes of this Act. A disabled person not
16covered under the Federal Social Security Act and not
17presenting an Illinois Person with a Disability Identification
18Card stating that the claimant is under a Class 2 disability
19shall be examined by a physician designated by the Department,
20and his status as a disabled person determined using the same
21standards as used by the Social Security Administration. The
22costs of any required examination shall be borne by the
23claimant.
24    (c) For land improved with (i) an apartment building owned
25and operated as a cooperative or (ii) a life care facility as
26defined under Section 2 of the Life Care Facilities Act that is

 

 

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1considered to be a cooperative, the maximum reduction from the
2value of the property, as equalized or assessed by the
3Department, shall be multiplied by the number of apartments or
4units occupied by a disabled person. The disabled person shall
5receive the homestead exemption upon meeting the following
6requirements:
7        (1) The property must be occupied as the primary
8    residence by the disabled person.
9        (2) The disabled person must be liable by contract with
10    the owner or owners of record for paying the apportioned
11    property taxes on the property of the cooperative or life
12    care facility. In the case of a life care facility, the
13    disabled person must be liable for paying the apportioned
14    property taxes under a life care contract as defined in
15    Section 2 of the Life Care Facilities Act.
16        (3) The disabled person must be an owner of record of a
17    legal or equitable interest in the cooperative apartment
18    building. A leasehold interest does not meet this
19    requirement.
20If a homestead exemption is granted under this subsection, the
21cooperative association or management firm shall credit the
22savings resulting from the exemption to the apportioned tax
23liability of the qualifying disabled person. The chief county
24assessment officer may request reasonable proof that the
25association or firm has properly credited the exemption. A
26person who willfully refuses to credit an exemption to the

 

 

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1qualified disabled person is guilty of a Class B misdemeanor.
2    (d) The chief county assessment officer shall determine the
3eligibility of property to receive the homestead exemption
4according to guidelines established by the Department. After a
5person has received an exemption under this Section, an annual
6verification of eligibility for the exemption shall be mailed
7to the taxpayer.
8    In counties with fewer than 3,000,000 inhabitants, the
9chief county assessment officer shall provide to each person
10granted a homestead exemption under this Section a form to
11designate any other person to receive a duplicate of any notice
12of delinquency in the payment of taxes assessed and levied
13under this Code on the person's qualifying property. The
14duplicate notice shall be in addition to the notice required to
15be provided to the person receiving the exemption and shall be
16given in the manner required by this Code. The person filing
17the request for the duplicate notice shall pay an
18administrative fee of $5 to the chief county assessment
19officer. The assessment officer shall then file the executed
20designation with the county collector, who shall issue the
21duplicate notices as indicated by the designation. A
22designation may be rescinded by the disabled person in the
23manner required by the chief county assessment officer.
24    (e) A taxpayer who claims an exemption under Section 15-165
25or 15-169 may not claim an exemption under this Section.
26(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,

 

 

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1eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13.)
 
2    (35 ILCS 200/15-170)
3    Sec. 15-170. Senior Citizens Homestead Exemption. An
4annual homestead exemption limited, except as described here
5with relation to cooperatives or life care facilities, to a
6maximum reduction set forth below from the property's value, as
7equalized or assessed by the Department, is granted for
8property that is occupied as a residence by a person 65 years
9of age or older who is liable for paying real estate taxes on
10the property and is an owner of record of the property or has a
11legal or equitable interest therein as evidenced by a written
12instrument, except for a leasehold interest, other than a
13leasehold interest of land on which a single family residence
14is located, which is occupied as a residence by a person 65
15years or older who has an ownership interest therein, legal,
16equitable or as a lessee, and on which he or she is liable for
17the payment of property taxes. Before taxable year 2004, the
18maximum reduction shall be $2,500 in counties with 3,000,000 or
19more inhabitants and $2,000 in all other counties. For taxable
20years 2004 through 2005, the maximum reduction shall be $3,000
21in all counties. For taxable years 2006 and 2007, the maximum
22reduction shall be $3,500 and, for taxable years 2008 and
23thereafter, the maximum reduction is $4,000 in all counties.
24    For land improved with an apartment building owned and
25operated as a cooperative, the maximum reduction from the value

 

 

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1of the property, as equalized by the Department, shall be
2multiplied by the number of apartments or units occupied by a
3person 65 years of age or older who is liable, by contract with
4the owner or owners of record, for paying property taxes on the
5property and is an owner of record of a legal or equitable
6interest in the cooperative apartment building, other than a
7leasehold interest. For land improved with a life care
8facility, the maximum reduction from the value of the property,
9as equalized by the Department, shall be multiplied by the
10number of apartments or units occupied by persons 65 years of
11age or older, irrespective of any legal, equitable, or
12leasehold interest in the facility, who are liable, under a
13contract with the owner or owners of record of the facility,
14for paying property taxes on the property. In a cooperative or
15a life care facility where a homestead exemption has been
16granted, the cooperative association or the management firm of
17the cooperative or facility shall credit the savings resulting
18from that exemption only to the apportioned tax liability of
19the owner or resident who qualified for the exemption. Any
20person who willfully refuses to so credit the savings shall be
21guilty of a Class B misdemeanor. Under this Section and
22Sections 15-175, 15-176, and 15-177, "life care facility" means
23a facility, as defined in Section 2 of the Life Care Facilities
24Act, with which the applicant for the homestead exemption has a
25life care contract as defined in that Act.
26    When a homestead exemption has been granted under this

 

 

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1Section and the person qualifying subsequently becomes a
2resident of a facility licensed under the Assisted Living and
3Shared Housing Act, the Nursing Home Care Act, the Specialized
4Mental Health Rehabilitation Act of 2013, or the ID/DD
5Community Care Act, the exemption shall continue so long as the
6residence continues to be occupied by the qualifying person's
7spouse if the spouse is 65 years of age or older, or if the
8residence remains unoccupied but is still owned by the person
9qualified for the homestead exemption.
10    A person who will be 65 years of age during the current
11assessment year shall be eligible to apply for the homestead
12exemption during that assessment year. Application shall be
13made during the application period in effect for the county of
14his residence.
15    Beginning with assessment year 2003, for taxes payable in
162004, property that is first occupied as a residence after
17January 1 of any assessment year by a person who is eligible
18for the senior citizens homestead exemption under this Section
19must be granted a pro-rata exemption for the assessment year.
20The amount of the pro-rata exemption is the exemption allowed
21in the county under this Section divided by 365 and multiplied
22by the number of days during the assessment year the property
23is occupied as a residence by a person eligible for the
24exemption under this Section. The chief county assessment
25officer must adopt reasonable procedures to establish
26eligibility for this pro-rata exemption.

 

 

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1    The assessor or chief county assessment officer may
2determine the eligibility of a life care facility to receive
3the benefits provided by this Section, by affidavit,
4application, visual inspection, questionnaire or other
5reasonable methods in order to insure that the tax savings
6resulting from the exemption are credited by the management
7firm to the apportioned tax liability of each qualifying
8resident. The assessor may request reasonable proof that the
9management firm has so credited the exemption.
10    The chief county assessment officer of each county with
11less than 3,000,000 inhabitants shall provide to each person
12allowed a homestead exemption under this Section a form to
13designate any other person to receive a duplicate of any notice
14of delinquency in the payment of taxes assessed and levied
15under this Code on the property of the person receiving the
16exemption. The duplicate notice shall be in addition to the
17notice required to be provided to the person receiving the
18exemption, and shall be given in the manner required by this
19Code. The person filing the request for the duplicate notice
20shall pay a fee of $5 to cover administrative costs to the
21supervisor of assessments, who shall then file the executed
22designation with the county collector. Notwithstanding any
23other provision of this Code to the contrary, the filing of
24such an executed designation requires the county collector to
25provide duplicate notices as indicated by the designation. A
26designation may be rescinded by the person who executed such

 

 

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1designation at any time, in the manner and form required by the
2chief county assessment officer.
3    The assessor or chief county assessment officer may
4determine the eligibility of residential property to receive
5the homestead exemption provided by this Section by
6application, visual inspection, questionnaire or other
7reasonable methods. The determination shall be made in
8accordance with guidelines established by the Department.
9    In counties with 3,000,000 or more inhabitants, beginning
10in taxable year 2010, each taxpayer who has been granted an
11exemption under this Section must reapply on an annual basis.
12The chief county assessment officer shall mail the application
13to the taxpayer. In counties with less than 3,000,000
14inhabitants, the county board may by resolution provide that if
15a person has been granted a homestead exemption under this
16Section, the person qualifying need not reapply for the
17exemption.
18    In counties with less than 3,000,000 inhabitants, if the
19assessor or chief county assessment officer requires annual
20application for verification of eligibility for an exemption
21once granted under this Section, the application shall be
22mailed to the taxpayer.
23    The assessor or chief county assessment officer shall
24notify each person who qualifies for an exemption under this
25Section that the person may also qualify for deferral of real
26estate taxes under the Senior Citizens Real Estate Tax Deferral

 

 

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1Act. The notice shall set forth the qualifications needed for
2deferral of real estate taxes, the address and telephone number
3of county collector, and a statement that applications for
4deferral of real estate taxes may be obtained from the county
5collector.
6    Notwithstanding Sections 6 and 8 of the State Mandates Act,
7no reimbursement by the State is required for the
8implementation of any mandate created by this Section.
9(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
1096-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff.
116-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
12    (35 ILCS 200/15-172)
13    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
14Exemption.
15    (a) This Section may be cited as the Senior Citizens
16Assessment Freeze Homestead Exemption.
17    (b) As used in this Section:
18    "Applicant" means an individual who has filed an
19application under this Section.
20    "Base amount" means the base year equalized assessed value
21of the residence plus the first year's equalized assessed value
22of any added improvements which increased the assessed value of
23the residence after the base year.
24    "Base year" means the taxable year prior to the taxable
25year for which the applicant first qualifies and applies for

 

 

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1the exemption provided that in the prior taxable year the
2property was improved with a permanent structure that was
3occupied as a residence by the applicant who was liable for
4paying real property taxes on the property and who was either
5(i) an owner of record of the property or had legal or
6equitable interest in the property as evidenced by a written
7instrument or (ii) had a legal or equitable interest as a
8lessee in the parcel of property that was single family
9residence. If in any subsequent taxable year for which the
10applicant applies and qualifies for the exemption the equalized
11assessed value of the residence is less than the equalized
12assessed value in the existing base year (provided that such
13equalized assessed value is not based on an assessed value that
14results from a temporary irregularity in the property that
15reduces the assessed value for one or more taxable years), then
16that subsequent taxable year shall become the base year until a
17new base year is established under the terms of this paragraph.
18For taxable year 1999 only, the Chief County Assessment Officer
19shall review (i) all taxable years for which the applicant
20applied and qualified for the exemption and (ii) the existing
21base year. The assessment officer shall select as the new base
22year the year with the lowest equalized assessed value. An
23equalized assessed value that is based on an assessed value
24that results from a temporary irregularity in the property that
25reduces the assessed value for one or more taxable years shall
26not be considered the lowest equalized assessed value. The

 

 

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1selected year shall be the base year for taxable year 1999 and
2thereafter until a new base year is established under the terms
3of this paragraph.
4    "Chief County Assessment Officer" means the County
5Assessor or Supervisor of Assessments of the county in which
6the property is located.
7    "Equalized assessed value" means the assessed value as
8equalized by the Illinois Department of Revenue.
9    "Household" means the applicant, the spouse of the
10applicant, and all persons using the residence of the applicant
11as their principal place of residence.
12    "Household income" means the combined income of the members
13of a household for the calendar year preceding the taxable
14year.
15    "Income" has the same meaning as provided in Section 3.07
16of the Senior Citizens and Disabled Persons Property Tax Relief
17Act, except that, beginning in assessment year 2001, "income"
18does not include veteran's benefits.
19    "Internal Revenue Code of 1986" means the United States
20Internal Revenue Code of 1986 or any successor law or laws
21relating to federal income taxes in effect for the year
22preceding the taxable year.
23    "Life care facility that qualifies as a cooperative" means
24a facility as defined in Section 2 of the Life Care Facilities
25Act.
26    "Maximum income limitation" means:

 

 

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1        (1) $35,000 prior to taxable year 1999;
2        (2) $40,000 in taxable years 1999 through 2003;
3        (3) $45,000 in taxable years 2004 through 2005;
4        (4) $50,000 in taxable years 2006 and 2007; and
5        (5) $55,000 in taxable year 2008 and thereafter.
6    "Residence" means the principal dwelling place and
7appurtenant structures used for residential purposes in this
8State occupied on January 1 of the taxable year by a household
9and so much of the surrounding land, constituting the parcel
10upon which the dwelling place is situated, as is used for
11residential purposes. If the Chief County Assessment Officer
12has established a specific legal description for a portion of
13property constituting the residence, then that portion of
14property shall be deemed the residence for the purposes of this
15Section.
16    "Taxable year" means the calendar year during which ad
17valorem property taxes payable in the next succeeding year are
18levied.
19    (c) Beginning in taxable year 1994, a senior citizens
20assessment freeze homestead exemption is granted for real
21property that is improved with a permanent structure that is
22occupied as a residence by an applicant who (i) is 65 years of
23age or older during the taxable year, (ii) has a household
24income that does not exceed the maximum income limitation,
25(iii) is liable for paying real property taxes on the property,
26and (iv) is an owner of record of the property or has a legal or

 

 

09800SB0026ham001- 193 -LRB098 05310 KTG 46196 a

1equitable interest in the property as evidenced by a written
2instrument. This homestead exemption shall also apply to a
3leasehold interest in a parcel of property improved with a
4permanent structure that is a single family residence that is
5occupied as a residence by a person who (i) is 65 years of age
6or older during the taxable year, (ii) has a household income
7that does not exceed the maximum income limitation, (iii) has a
8legal or equitable ownership interest in the property as
9lessee, and (iv) is liable for the payment of real property
10taxes on that property.
11    In counties of 3,000,000 or more inhabitants, the amount of
12the exemption for all taxable years is the equalized assessed
13value of the residence in the taxable year for which
14application is made minus the base amount. In all other
15counties, the amount of the exemption is as follows: (i)
16through taxable year 2005 and for taxable year 2007 and
17thereafter, the amount of this exemption shall be the equalized
18assessed value of the residence in the taxable year for which
19application is made minus the base amount; and (ii) for taxable
20year 2006, the amount of the exemption is as follows:
21        (1) For an applicant who has a household income of
22    $45,000 or less, the amount of the exemption is the
23    equalized assessed value of the residence in the taxable
24    year for which application is made minus the base amount.
25        (2) For an applicant who has a household income
26    exceeding $45,000 but not exceeding $46,250, the amount of

 

 

09800SB0026ham001- 194 -LRB098 05310 KTG 46196 a

1    the exemption is (i) the equalized assessed value of the
2    residence in the taxable year for which application is made
3    minus the base amount (ii) multiplied by 0.8.
4        (3) For an applicant who has a household income
5    exceeding $46,250 but not exceeding $47,500, the amount of
6    the exemption is (i) the equalized assessed value of the
7    residence in the taxable year for which application is made
8    minus the base amount (ii) multiplied by 0.6.
9        (4) For an applicant who has a household income
10    exceeding $47,500 but not exceeding $48,750, the amount of
11    the exemption is (i) the equalized assessed value of the
12    residence in the taxable year for which application is made
13    minus the base amount (ii) multiplied by 0.4.
14        (5) For an applicant who has a household income
15    exceeding $48,750 but not exceeding $50,000, the amount of
16    the exemption is (i) the equalized assessed value of the
17    residence in the taxable year for which application is made
18    minus the base amount (ii) multiplied by 0.2.
19    When the applicant is a surviving spouse of an applicant
20for a prior year for the same residence for which an exemption
21under this Section has been granted, the base year and base
22amount for that residence are the same as for the applicant for
23the prior year.
24    Each year at the time the assessment books are certified to
25the County Clerk, the Board of Review or Board of Appeals shall
26give to the County Clerk a list of the assessed values of

 

 

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1improvements on each parcel qualifying for this exemption that
2were added after the base year for this parcel and that
3increased the assessed value of the property.
4    In the case of land improved with an apartment building
5owned and operated as a cooperative or a building that is a
6life care facility that qualifies as a cooperative, the maximum
7reduction from the equalized assessed value of the property is
8limited to the sum of the reductions calculated for each unit
9occupied as a residence by a person or persons (i) 65 years of
10age or older, (ii) with a household income that does not exceed
11the maximum income limitation, (iii) who is liable, by contract
12with the owner or owners of record, for paying real property
13taxes on the property, and (iv) who is an owner of record of a
14legal or equitable interest in the cooperative apartment
15building, other than a leasehold interest. In the instance of a
16cooperative where a homestead exemption has been granted under
17this Section, the cooperative association or its management
18firm shall credit the savings resulting from that exemption
19only to the apportioned tax liability of the owner who
20qualified for the exemption. Any person who willfully refuses
21to credit that savings to an owner who qualifies for the
22exemption is guilty of a Class B misdemeanor.
23    When a homestead exemption has been granted under this
24Section and an applicant then becomes a resident of a facility
25licensed under the Assisted Living and Shared Housing Act, the
26Nursing Home Care Act, the Specialized Mental Health

 

 

09800SB0026ham001- 196 -LRB098 05310 KTG 46196 a

1Rehabilitation Act of 2013, or the ID/DD Community Care Act,
2the exemption shall be granted in subsequent years so long as
3the residence (i) continues to be occupied by the qualified
4applicant's spouse or (ii) if remaining unoccupied, is still
5owned by the qualified applicant for the homestead exemption.
6    Beginning January 1, 1997, when an individual dies who
7would have qualified for an exemption under this Section, and
8the surviving spouse does not independently qualify for this
9exemption because of age, the exemption under this Section
10shall be granted to the surviving spouse for the taxable year
11preceding and the taxable year of the death, provided that,
12except for age, the surviving spouse meets all other
13qualifications for the granting of this exemption for those
14years.
15    When married persons maintain separate residences, the
16exemption provided for in this Section may be claimed by only
17one of such persons and for only one residence.
18    For taxable year 1994 only, in counties having less than
193,000,000 inhabitants, to receive the exemption, a person shall
20submit an application by February 15, 1995 to the Chief County
21Assessment Officer of the county in which the property is
22located. In counties having 3,000,000 or more inhabitants, for
23taxable year 1994 and all subsequent taxable years, to receive
24the exemption, a person may submit an application to the Chief
25County Assessment Officer of the county in which the property
26is located during such period as may be specified by the Chief

 

 

09800SB0026ham001- 197 -LRB098 05310 KTG 46196 a

1County Assessment Officer. The Chief County Assessment Officer
2in counties of 3,000,000 or more inhabitants shall annually
3give notice of the application period by mail or by
4publication. In counties having less than 3,000,000
5inhabitants, beginning with taxable year 1995 and thereafter,
6to receive the exemption, a person shall submit an application
7by July 1 of each taxable year to the Chief County Assessment
8Officer of the county in which the property is located. A
9county may, by ordinance, establish a date for submission of
10applications that is different than July 1. The applicant shall
11submit with the application an affidavit of the applicant's
12total household income, age, marital status (and if married the
13name and address of the applicant's spouse, if known), and
14principal dwelling place of members of the household on January
151 of the taxable year. The Department shall establish, by rule,
16a method for verifying the accuracy of affidavits filed by
17applicants under this Section, and the Chief County Assessment
18Officer may conduct audits of any taxpayer claiming an
19exemption under this Section to verify that the taxpayer is
20eligible to receive the exemption. Each application shall
21contain or be verified by a written declaration that it is made
22under the penalties of perjury. A taxpayer's signing a
23fraudulent application under this Act is perjury, as defined in
24Section 32-2 of the Criminal Code of 2012. The applications
25shall be clearly marked as applications for the Senior Citizens
26Assessment Freeze Homestead Exemption and must contain a notice

 

 

09800SB0026ham001- 198 -LRB098 05310 KTG 46196 a

1that any taxpayer who receives the exemption is subject to an
2audit by the Chief County Assessment Officer.
3    Notwithstanding any other provision to the contrary, in
4counties having fewer than 3,000,000 inhabitants, if an
5applicant fails to file the application required by this
6Section in a timely manner and this failure to file is due to a
7mental or physical condition sufficiently severe so as to
8render the applicant incapable of filing the application in a
9timely manner, the Chief County Assessment Officer may extend
10the filing deadline for a period of 30 days after the applicant
11regains the capability to file the application, but in no case
12may the filing deadline be extended beyond 3 months of the
13original filing deadline. In order to receive the extension
14provided in this paragraph, the applicant shall provide the
15Chief County Assessment Officer with a signed statement from
16the applicant's physician stating the nature and extent of the
17condition, that, in the physician's opinion, the condition was
18so severe that it rendered the applicant incapable of filing
19the application in a timely manner, and the date on which the
20applicant regained the capability to file the application.
21    Beginning January 1, 1998, notwithstanding any other
22provision to the contrary, in counties having fewer than
233,000,000 inhabitants, if an applicant fails to file the
24application required by this Section in a timely manner and
25this failure to file is due to a mental or physical condition
26sufficiently severe so as to render the applicant incapable of

 

 

09800SB0026ham001- 199 -LRB098 05310 KTG 46196 a

1filing the application in a timely manner, the Chief County
2Assessment Officer may extend the filing deadline for a period
3of 3 months. In order to receive the extension provided in this
4paragraph, the applicant shall provide the Chief County
5Assessment Officer with a signed statement from the applicant's
6physician stating the nature and extent of the condition, and
7that, in the physician's opinion, the condition was so severe
8that it rendered the applicant incapable of filing the
9application in a timely manner.
10    In counties having less than 3,000,000 inhabitants, if an
11applicant was denied an exemption in taxable year 1994 and the
12denial occurred due to an error on the part of an assessment
13official, or his or her agent or employee, then beginning in
14taxable year 1997 the applicant's base year, for purposes of
15determining the amount of the exemption, shall be 1993 rather
16than 1994. In addition, in taxable year 1997, the applicant's
17exemption shall also include an amount equal to (i) the amount
18of any exemption denied to the applicant in taxable year 1995
19as a result of using 1994, rather than 1993, as the base year,
20(ii) the amount of any exemption denied to the applicant in
21taxable year 1996 as a result of using 1994, rather than 1993,
22as the base year, and (iii) the amount of the exemption
23erroneously denied for taxable year 1994.
24    For purposes of this Section, a person who will be 65 years
25of age during the current taxable year shall be eligible to
26apply for the homestead exemption during that taxable year.

 

 

09800SB0026ham001- 200 -LRB098 05310 KTG 46196 a

1Application shall be made during the application period in
2effect for the county of his or her residence.
3    The Chief County Assessment Officer may determine the
4eligibility of a life care facility that qualifies as a
5cooperative to receive the benefits provided by this Section by
6use of an affidavit, application, visual inspection,
7questionnaire, or other reasonable method in order to insure
8that the tax savings resulting from the exemption are credited
9by the management firm to the apportioned tax liability of each
10qualifying resident. The Chief County Assessment Officer may
11request reasonable proof that the management firm has so
12credited that exemption.
13    Except as provided in this Section, all information
14received by the chief county assessment officer or the
15Department from applications filed under this Section, or from
16any investigation conducted under the provisions of this
17Section, shall be confidential, except for official purposes or
18pursuant to official procedures for collection of any State or
19local tax or enforcement of any civil or criminal penalty or
20sanction imposed by this Act or by any statute or ordinance
21imposing a State or local tax. Any person who divulges any such
22information in any manner, except in accordance with a proper
23judicial order, is guilty of a Class A misdemeanor.
24    Nothing contained in this Section shall prevent the
25Director or chief county assessment officer from publishing or
26making available reasonable statistics concerning the

 

 

09800SB0026ham001- 201 -LRB098 05310 KTG 46196 a

1operation of the exemption contained in this Section in which
2the contents of claims are grouped into aggregates in such a
3way that information contained in any individual claim shall
4not be disclosed.
5    (d) Each Chief County Assessment Officer shall annually
6publish a notice of availability of the exemption provided
7under this Section. The notice shall be published at least 60
8days but no more than 75 days prior to the date on which the
9application must be submitted to the Chief County Assessment
10Officer of the county in which the property is located. The
11notice shall appear in a newspaper of general circulation in
12the county.
13    Notwithstanding Sections 6 and 8 of the State Mandates Act,
14no reimbursement by the State is required for the
15implementation of any mandate created by this Section.
16(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
1796-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1897-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff.
191-25-13.)
 
20    Section 6-165. The Regional Transportation Authority Act
21is amended by changing Section 4.03 as follows:
 
22    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
23    Sec. 4.03. Taxes.
24    (a) In order to carry out any of the powers or purposes of

 

 

09800SB0026ham001- 202 -LRB098 05310 KTG 46196 a

1the Authority, the Board may by ordinance adopted with the
2concurrence of 12 of the then Directors, impose throughout the
3metropolitan region any or all of the taxes provided in this
4Section. Except as otherwise provided in this Act, taxes
5imposed under this Section and civil penalties imposed incident
6thereto shall be collected and enforced by the State Department
7of Revenue. The Department shall have the power to administer
8and enforce the taxes and to determine all rights for refunds
9for erroneous payments of the taxes. Nothing in this amendatory
10Act of the 95th General Assembly is intended to invalidate any
11taxes currently imposed by the Authority. The increased vote
12requirements to impose a tax shall only apply to actions taken
13after the effective date of this amendatory Act of the 95th
14General Assembly.
15    (b) The Board may impose a public transportation tax upon
16all persons engaged in the metropolitan region in the business
17of selling at retail motor fuel for operation of motor vehicles
18upon public highways. The tax shall be at a rate not to exceed
195% of the gross receipts from the sales of motor fuel in the
20course of the business. As used in this Act, the term "motor
21fuel" shall have the same meaning as in the Motor Fuel Tax Law.
22The Board may provide for details of the tax. The provisions of
23any tax shall conform, as closely as may be practicable, to the
24provisions of the Municipal Retailers Occupation Tax Act,
25including without limitation, conformity to penalties with
26respect to the tax imposed and as to the powers of the State

 

 

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1Department of Revenue to promulgate and enforce rules and
2regulations relating to the administration and enforcement of
3the provisions of the tax imposed, except that reference in the
4Act to any municipality shall refer to the Authority and the
5tax shall be imposed only with regard to receipts from sales of
6motor fuel in the metropolitan region, at rates as limited by
7this Section.
8    (c) In connection with the tax imposed under paragraph (b)
9of this Section the Board may impose a tax upon the privilege
10of using in the metropolitan region motor fuel for the
11operation of a motor vehicle upon public highways, the tax to
12be at a rate not in excess of the rate of tax imposed under
13paragraph (b) of this Section. The Board may provide for
14details of the tax.
15    (d) The Board may impose a motor vehicle parking tax upon
16the privilege of parking motor vehicles at off-street parking
17facilities in the metropolitan region at which a fee is
18charged, and may provide for reasonable classifications in and
19exemptions to the tax, for administration and enforcement
20thereof and for civil penalties and refunds thereunder and may
21provide criminal penalties thereunder, the maximum penalties
22not to exceed the maximum criminal penalties provided in the
23Retailers' Occupation Tax Act. The Authority may collect and
24enforce the tax itself or by contract with any unit of local
25government. The State Department of Revenue shall have no
26responsibility for the collection and enforcement unless the

 

 

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1Department agrees with the Authority to undertake the
2collection and enforcement. As used in this paragraph, the term
3"parking facility" means a parking area or structure having
4parking spaces for more than 2 vehicles at which motor vehicles
5are permitted to park in return for an hourly, daily, or other
6periodic fee, whether publicly or privately owned, but does not
7include parking spaces on a public street, the use of which is
8regulated by parking meters.
9    (e) The Board may impose a Regional Transportation
10Authority Retailers' Occupation Tax upon all persons engaged in
11the business of selling tangible personal property at retail in
12the metropolitan region. In Cook County the tax rate shall be
131.25% of the gross receipts from sales of food for human
14consumption that is to be consumed off the premises where it is
15sold (other than alcoholic beverages, soft drinks and food that
16has been prepared for immediate consumption) and prescription
17and nonprescription medicines, drugs, medical appliances and
18insulin, urine testing materials, syringes and needles used by
19diabetics, and 1% of the gross receipts from other taxable
20sales made in the course of that business. In DuPage, Kane,
21Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
22of the gross receipts from all taxable sales made in the course
23of that business. The tax imposed under this Section and all
24civil penalties that may be assessed as an incident thereof
25shall be collected and enforced by the State Department of
26Revenue. The Department shall have full power to administer and

 

 

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1enforce this Section; to collect all taxes and penalties so
2collected in the manner hereinafter provided; and to determine
3all rights to credit memoranda arising on account of the
4erroneous payment of tax or penalty hereunder. In the
5administration of, and compliance with this Section, the
6Department and persons who are subject to this Section shall
7have the same rights, remedies, privileges, immunities, powers
8and duties, and be subject to the same conditions,
9restrictions, limitations, penalties, exclusions, exemptions
10and definitions of terms, and employ the same modes of
11procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
121e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
13therein other than the State rate of tax), 2c, 3 (except as to
14the disposition of taxes and penalties collected), 4, 5, 5a,
155b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
169, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
17Section 3-7 of the Uniform Penalty and Interest Act, as fully
18as if those provisions were set forth herein.
19    Persons subject to any tax imposed under the authority
20granted in this Section may reimburse themselves for their
21seller's tax liability hereunder by separately stating the tax
22as an additional charge, which charge may be stated in
23combination in a single amount with State taxes that sellers
24are required to collect under the Use Tax Act, under any
25bracket schedules the Department may prescribe.
26    Whenever the Department determines that a refund should be

 

 

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1made under this Section to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the warrant to be drawn for the
4amount specified, and to the person named, in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the Regional Transportation Authority tax fund
7established under paragraph (n) of this Section.
8    If a tax is imposed under this subsection (e), a tax shall
9also be imposed under subsections (f) and (g) of this Section.
10    For the purpose of determining whether a tax authorized
11under this Section is applicable, a retail sale by a producer
12of coal or other mineral mined in Illinois, is a sale at retail
13at the place where the coal or other mineral mined in Illinois
14is extracted from the earth. This paragraph does not apply to
15coal or other mineral when it is delivered or shipped by the
16seller to the purchaser at a point outside Illinois so that the
17sale is exempt under the Federal Constitution as a sale in
18interstate or foreign commerce.
19    No tax shall be imposed or collected under this subsection
20on the sale of a motor vehicle in this State to a resident of
21another state if that motor vehicle will not be titled in this
22State.
23    Nothing in this Section shall be construed to authorize the
24Regional Transportation Authority to impose a tax upon the
25privilege of engaging in any business that under the
26Constitution of the United States may not be made the subject

 

 

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1of taxation by this State.
2    (f) If a tax has been imposed under paragraph (e), a
3Regional Transportation Authority Service Occupation Tax shall
4also be imposed upon all persons engaged, in the metropolitan
5region in the business of making sales of service, who as an
6incident to making the sales of service, transfer tangible
7personal property within the metropolitan region, either in the
8form of tangible personal property or in the form of real
9estate as an incident to a sale of service. In Cook County, the
10tax rate shall be: (1) 1.25% of the serviceman's cost price of
11food prepared for immediate consumption and transferred
12incident to a sale of service subject to the service occupation
13tax by an entity licensed under the Hospital Licensing Act, the
14Nursing Home Care Act, the Specialized Mental Health
15Rehabilitation Act of 2013, or the ID/DD Community Care Act
16that is located in the metropolitan region; (2) 1.25% of the
17selling price of food for human consumption that is to be
18consumed off the premises where it is sold (other than
19alcoholic beverages, soft drinks and food that has been
20prepared for immediate consumption) and prescription and
21nonprescription medicines, drugs, medical appliances and
22insulin, urine testing materials, syringes and needles used by
23diabetics; and (3) 1% of the selling price from other taxable
24sales of tangible personal property transferred. In DuPage,
25Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
26of the selling price of all tangible personal property

 

 

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1transferred.
2    The tax imposed under this paragraph and all civil
3penalties that may be assessed as an incident thereof shall be
4collected and enforced by the State Department of Revenue. The
5Department shall have full power to administer and enforce this
6paragraph; to collect all taxes and penalties due hereunder; to
7dispose of taxes and penalties collected in the manner
8hereinafter provided; and to determine all rights to credit
9memoranda arising on account of the erroneous payment of tax or
10penalty hereunder. In the administration of and compliance with
11this paragraph, the Department and persons who are subject to
12this paragraph shall have the same rights, remedies,
13privileges, immunities, powers and duties, and be subject to
14the same conditions, restrictions, limitations, penalties,
15exclusions, exemptions and definitions of terms, and employ the
16same modes of procedure, as are prescribed in Sections 1a-1, 2,
172a, 3 through 3-50 (in respect to all provisions therein other
18than the State rate of tax), 4 (except that the reference to
19the State shall be to the Authority), 5, 7, 8 (except that the
20jurisdiction to which the tax shall be a debt to the extent
21indicated in that Section 8 shall be the Authority), 9 (except
22as to the disposition of taxes and penalties collected, and
23except that the returned merchandise credit for this tax may
24not be taken against any State tax), 10, 11, 12 (except the
25reference therein to Section 2b of the Retailers' Occupation
26Tax Act), 13 (except that any reference to the State shall mean

 

 

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1the Authority), the first paragraph of Section 15, 16, 17, 18,
219 and 20 of the Service Occupation Tax Act and Section 3-7 of
3the Uniform Penalty and Interest Act, as fully as if those
4provisions were set forth herein.
5    Persons subject to any tax imposed under the authority
6granted in this paragraph may reimburse themselves for their
7serviceman's tax liability hereunder by separately stating the
8tax as an additional charge, that charge may be stated in
9combination in a single amount with State tax that servicemen
10are authorized to collect under the Service Use Tax Act, under
11any bracket schedules the Department may prescribe.
12    Whenever the Department determines that a refund should be
13made under this paragraph to a claimant instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the warrant to be drawn for the
16amount specified, and to the person named in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of the Regional Transportation Authority tax fund
19established under paragraph (n) of this Section.
20    Nothing in this paragraph shall be construed to authorize
21the Authority to impose a tax upon the privilege of engaging in
22any business that under the Constitution of the United States
23may not be made the subject of taxation by the State.
24    (g) If a tax has been imposed under paragraph (e), a tax
25shall also be imposed upon the privilege of using in the
26metropolitan region, any item of tangible personal property

 

 

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1that is purchased outside the metropolitan region at retail
2from a retailer, and that is titled or registered with an
3agency of this State's government. In Cook County the tax rate
4shall be 1% of the selling price of the tangible personal
5property, as "selling price" is defined in the Use Tax Act. In
6DuPage, Kane, Lake, McHenry and Will counties the tax rate
7shall be 0.75% of the selling price of the tangible personal
8property, as "selling price" is defined in the Use Tax Act. The
9tax shall be collected from persons whose Illinois address for
10titling or registration purposes is given as being in the
11metropolitan region. The tax shall be collected by the
12Department of Revenue for the Regional Transportation
13Authority. The tax must be paid to the State, or an exemption
14determination must be obtained from the Department of Revenue,
15before the title or certificate of registration for the
16property may be issued. The tax or proof of exemption may be
17transmitted to the Department by way of the State agency with
18which, or the State officer with whom, the tangible personal
19property must be titled or registered if the Department and the
20State agency or State officer determine that this procedure
21will expedite the processing of applications for title or
22registration.
23    The Department shall have full power to administer and
24enforce this paragraph; to collect all taxes, penalties and
25interest due hereunder; to dispose of taxes, penalties and
26interest collected in the manner hereinafter provided; and to

 

 

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1determine all rights to credit memoranda or refunds arising on
2account of the erroneous payment of tax, penalty or interest
3hereunder. In the administration of and compliance with this
4paragraph, the Department and persons who are subject to this
5paragraph shall have the same rights, remedies, privileges,
6immunities, powers and duties, and be subject to the same
7conditions, restrictions, limitations, penalties, exclusions,
8exemptions and definitions of terms and employ the same modes
9of procedure, as are prescribed in Sections 2 (except the
10definition of "retailer maintaining a place of business in this
11State"), 3 through 3-80 (except provisions pertaining to the
12State rate of tax, and except provisions concerning collection
13or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1419 (except the portions pertaining to claims by retailers and
15except the last paragraph concerning refunds), 20, 21 and 22 of
16the Use Tax Act, and are not inconsistent with this paragraph,
17as fully as if those provisions were set forth herein.
18    Whenever the Department determines that a refund should be
19made under this paragraph to a claimant instead of issuing a
20credit memorandum, the Department shall notify the State
21Comptroller, who shall cause the order to be drawn for the
22amount specified, and to the person named in the notification
23from the Department. The refund shall be paid by the State
24Treasurer out of the Regional Transportation Authority tax fund
25established under paragraph (n) of this Section.
26    (h) The Authority may impose a replacement vehicle tax of

 

 

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1$50 on any passenger car as defined in Section 1-157 of the
2Illinois Vehicle Code purchased within the metropolitan region
3by or on behalf of an insurance company to replace a passenger
4car of an insured person in settlement of a total loss claim.
5The tax imposed may not become effective before the first day
6of the month following the passage of the ordinance imposing
7the tax and receipt of a certified copy of the ordinance by the
8Department of Revenue. The Department of Revenue shall collect
9the tax for the Authority in accordance with Sections 3-2002
10and 3-2003 of the Illinois Vehicle Code.
11    The Department shall immediately pay over to the State
12Treasurer, ex officio, as trustee, all taxes collected
13hereunder.
14    As soon as possible after the first day of each month,
15beginning January 1, 2011, upon certification of the Department
16of Revenue, the Comptroller shall order transferred, and the
17Treasurer shall transfer, to the STAR Bonds Revenue Fund the
18local sales tax increment, as defined in the Innovation
19Development and Economy Act, collected under this Section
20during the second preceding calendar month for sales within a
21STAR bond district.
22    After the monthly transfer to the STAR Bonds Revenue Fund,
23on or before the 25th day of each calendar month, the
24Department shall prepare and certify to the Comptroller the
25disbursement of stated sums of money to the Authority. The
26amount to be paid to the Authority shall be the amount

 

 

09800SB0026ham001- 213 -LRB098 05310 KTG 46196 a

1collected hereunder during the second preceding calendar month
2by the Department, less any amount determined by the Department
3to be necessary for the payment of refunds, and less any
4amounts that are transferred to the STAR Bonds Revenue Fund.
5Within 10 days after receipt by the Comptroller of the
6disbursement certification to the Authority provided for in
7this Section to be given to the Comptroller by the Department,
8the Comptroller shall cause the orders to be drawn for that
9amount in accordance with the directions contained in the
10certification.
11    (i) The Board may not impose any other taxes except as it
12may from time to time be authorized by law to impose.
13    (j) A certificate of registration issued by the State
14Department of Revenue to a retailer under the Retailers'
15Occupation Tax Act or under the Service Occupation Tax Act
16shall permit the registrant to engage in a business that is
17taxed under the tax imposed under paragraphs (b), (e), (f) or
18(g) of this Section and no additional registration shall be
19required under the tax. A certificate issued under the Use Tax
20Act or the Service Use Tax Act shall be applicable with regard
21to any tax imposed under paragraph (c) of this Section.
22    (k) The provisions of any tax imposed under paragraph (c)
23of this Section shall conform as closely as may be practicable
24to the provisions of the Use Tax Act, including without
25limitation conformity as to penalties with respect to the tax
26imposed and as to the powers of the State Department of Revenue

 

 

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1to promulgate and enforce rules and regulations relating to the
2administration and enforcement of the provisions of the tax
3imposed. The taxes shall be imposed only on use within the
4metropolitan region and at rates as provided in the paragraph.
5    (l) The Board in imposing any tax as provided in paragraphs
6(b) and (c) of this Section, shall, after seeking the advice of
7the State Department of Revenue, provide means for retailers,
8users or purchasers of motor fuel for purposes other than those
9with regard to which the taxes may be imposed as provided in
10those paragraphs to receive refunds of taxes improperly paid,
11which provisions may be at variance with the refund provisions
12as applicable under the Municipal Retailers Occupation Tax Act.
13The State Department of Revenue may provide for certificates of
14registration for users or purchasers of motor fuel for purposes
15other than those with regard to which taxes may be imposed as
16provided in paragraphs (b) and (c) of this Section to
17facilitate the reporting and nontaxability of the exempt sales
18or uses.
19    (m) Any ordinance imposing or discontinuing any tax under
20this Section shall be adopted and a certified copy thereof
21filed with the Department on or before June 1, whereupon the
22Department of Revenue shall proceed to administer and enforce
23this Section on behalf of the Regional Transportation Authority
24as of September 1 next following such adoption and filing.
25Beginning January 1, 1992, an ordinance or resolution imposing
26or discontinuing the tax hereunder shall be adopted and a

 

 

09800SB0026ham001- 215 -LRB098 05310 KTG 46196 a

1certified copy thereof filed with the Department on or before
2the first day of July, whereupon the Department shall proceed
3to administer and enforce this Section as of the first day of
4October next following such adoption and filing. Beginning
5January 1, 1993, an ordinance or resolution imposing,
6increasing, decreasing, or discontinuing the tax hereunder
7shall be adopted and a certified copy thereof filed with the
8Department, whereupon the Department shall proceed to
9administer and enforce this Section as of the first day of the
10first month to occur not less than 60 days following such
11adoption and filing. Any ordinance or resolution of the
12Authority imposing a tax under this Section and in effect on
13August 1, 2007 shall remain in full force and effect and shall
14be administered by the Department of Revenue under the terms
15and conditions and rates of tax established by such ordinance
16or resolution until the Department begins administering and
17enforcing an increased tax under this Section as authorized by
18this amendatory Act of the 95th General Assembly. The tax rates
19authorized by this amendatory Act of the 95th General Assembly
20are effective only if imposed by ordinance of the Authority.
21    (n) The State Department of Revenue shall, upon collecting
22any taxes as provided in this Section, pay the taxes over to
23the State Treasurer as trustee for the Authority. The taxes
24shall be held in a trust fund outside the State Treasury. On or
25before the 25th day of each calendar month, the State
26Department of Revenue shall prepare and certify to the

 

 

09800SB0026ham001- 216 -LRB098 05310 KTG 46196 a

1Comptroller of the State of Illinois and to the Authority (i)
2the amount of taxes collected in each County other than Cook
3County in the metropolitan region, (ii) the amount of taxes
4collected within the City of Chicago, and (iii) the amount
5collected in that portion of Cook County outside of Chicago,
6each amount less the amount necessary for the payment of
7refunds to taxpayers located in those areas described in items
8(i), (ii), and (iii). Within 10 days after receipt by the
9Comptroller of the certification of the amounts, the
10Comptroller shall cause an order to be drawn for the payment of
11two-thirds of the amounts certified in item (i) of this
12subsection to the Authority and one-third of the amounts
13certified in item (i) of this subsection to the respective
14counties other than Cook County and the amount certified in
15items (ii) and (iii) of this subsection to the Authority.
16    In addition to the disbursement required by the preceding
17paragraph, an allocation shall be made in July 1991 and each
18year thereafter to the Regional Transportation Authority. The
19allocation shall be made in an amount equal to the average
20monthly distribution during the preceding calendar year
21(excluding the 2 months of lowest receipts) and the allocation
22shall include the amount of average monthly distribution from
23the Regional Transportation Authority Occupation and Use Tax
24Replacement Fund. The distribution made in July 1992 and each
25year thereafter under this paragraph and the preceding
26paragraph shall be reduced by the amount allocated and

 

 

09800SB0026ham001- 217 -LRB098 05310 KTG 46196 a

1disbursed under this paragraph in the preceding calendar year.
2The Department of Revenue shall prepare and certify to the
3Comptroller for disbursement the allocations made in
4accordance with this paragraph.
5    (o) Failure to adopt a budget ordinance or otherwise to
6comply with Section 4.01 of this Act or to adopt a Five-year
7Capital Program or otherwise to comply with paragraph (b) of
8Section 2.01 of this Act shall not affect the validity of any
9tax imposed by the Authority otherwise in conformity with law.
10    (p) At no time shall a public transportation tax or motor
11vehicle parking tax authorized under paragraphs (b), (c) and
12(d) of this Section be in effect at the same time as any
13retailers' occupation, use or service occupation tax
14authorized under paragraphs (e), (f) and (g) of this Section is
15in effect.
16    Any taxes imposed under the authority provided in
17paragraphs (b), (c) and (d) shall remain in effect only until
18the time as any tax authorized by paragraphs (e), (f) or (g) of
19this Section are imposed and becomes effective. Once any tax
20authorized by paragraphs (e), (f) or (g) is imposed the Board
21may not reimpose taxes as authorized in paragraphs (b), (c) and
22(d) of the Section unless any tax authorized by paragraphs (e),
23(f) or (g) of this Section becomes ineffective by means other
24than an ordinance of the Board.
25    (q) Any existing rights, remedies and obligations
26(including enforcement by the Regional Transportation

 

 

09800SB0026ham001- 218 -LRB098 05310 KTG 46196 a

1Authority) arising under any tax imposed under paragraphs (b),
2(c) or (d) of this Section shall not be affected by the
3imposition of a tax under paragraphs (e), (f) or (g) of this
4Section.
5(Source: P.A. 96-339, eff. 7-1-10; 96-939, eff. 6-24-10; 97-38,
6eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
7    Section 6-170. The Assisted Living and Shared Housing Act
8is amended by changing Sections 10, 35, 55, and 145 as follows:
 
9    (210 ILCS 9/10)
10    Sec. 10. Definitions. For purposes of this Act:
11    "Activities of daily living" means eating, dressing,
12bathing, toileting, transferring, or personal hygiene.
13    "Assisted living establishment" or "establishment" means a
14home, building, residence, or any other place where sleeping
15accommodations are provided for at least 3 unrelated adults, at
16least 80% of whom are 55 years of age or older and where the
17following are provided consistent with the purposes of this
18Act:
19        (1) services consistent with a social model that is
20    based on the premise that the resident's unit in assisted
21    living and shared housing is his or her own home;
22        (2) community-based residential care for persons who
23    need assistance with activities of daily living, including
24    personal, supportive, and intermittent health-related

 

 

09800SB0026ham001- 219 -LRB098 05310 KTG 46196 a

1    services available 24 hours per day, if needed, to meet the
2    scheduled and unscheduled needs of a resident;
3        (3) mandatory services, whether provided directly by
4    the establishment or by another entity arranged for by the
5    establishment, with the consent of the resident or
6    resident's representative; and
7        (4) a physical environment that is a homelike setting
8    that includes the following and such other elements as
9    established by the Department: individual living units
10    each of which shall accommodate small kitchen appliances
11    and contain private bathing, washing, and toilet
12    facilities, or private washing and toilet facilities with a
13    common bathing room readily accessible to each resident.
14    Units shall be maintained for single occupancy except in
15    cases in which 2 residents choose to share a unit.
16    Sufficient common space shall exist to permit individual
17    and group activities.
18    "Assisted living establishment" or "establishment" does
19not mean any of the following:
20        (1) A home, institution, or similar place operated by
21    the federal government or the State of Illinois.
22        (2) A long term care facility licensed under the
23    Nursing Home Care Act, a facility licensed under the
24    Specialized Mental Health Rehabilitation Act of 2013, or a
25    facility licensed under the ID/DD Community Care Act.
26    However, a facility licensed under either of those Acts may

 

 

09800SB0026ham001- 220 -LRB098 05310 KTG 46196 a

1    convert distinct parts of the facility to assisted living.
2    If the facility elects to do so, the facility shall retain
3    the Certificate of Need for its nursing and sheltered care
4    beds that were converted.
5        (3) A hospital, sanitarium, or other institution, the
6    principal activity or business of which is the diagnosis,
7    care, and treatment of human illness and that is required
8    to be licensed under the Hospital Licensing Act.
9        (4) A facility for child care as defined in the Child
10    Care Act of 1969.
11        (5) A community living facility as defined in the
12    Community Living Facilities Licensing Act.
13        (6) A nursing home or sanitarium operated solely by and
14    for persons who rely exclusively upon treatment by
15    spiritual means through prayer in accordance with the creed
16    or tenants of a well-recognized church or religious
17    denomination.
18        (7) A facility licensed by the Department of Human
19    Services as a community-integrated living arrangement as
20    defined in the Community-Integrated Living Arrangements
21    Licensure and Certification Act.
22        (8) A supportive residence licensed under the
23    Supportive Residences Licensing Act.
24        (9) The portion of a life care facility as defined in
25    the Life Care Facilities Act not licensed as an assisted
26    living establishment under this Act; a life care facility

 

 

09800SB0026ham001- 221 -LRB098 05310 KTG 46196 a

1    may apply under this Act to convert sections of the
2    community to assisted living.
3        (10) A free-standing hospice facility licensed under
4    the Hospice Program Licensing Act.
5        (11) A shared housing establishment.
6        (12) A supportive living facility as described in
7    Section 5-5.01a of the Illinois Public Aid Code.
8    "Department" means the Department of Public Health.
9    "Director" means the Director of Public Health.
10    "Emergency situation" means imminent danger of death or
11serious physical harm to a resident of an establishment.
12    "License" means any of the following types of licenses
13issued to an applicant or licensee by the Department:
14        (1) "Probationary license" means a license issued to an
15    applicant or licensee that has not held a license under
16    this Act prior to its application or pursuant to a license
17    transfer in accordance with Section 50 of this Act.
18        (2) "Regular license" means a license issued by the
19    Department to an applicant or licensee that is in
20    substantial compliance with this Act and any rules
21    promulgated under this Act.
22    "Licensee" means a person, agency, association,
23corporation, partnership, or organization that has been issued
24a license to operate an assisted living or shared housing
25establishment.
26    "Licensed health care professional" means a registered

 

 

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1professional nurse, an advanced practice nurse, a physician
2assistant, and a licensed practical nurse.
3    "Mandatory services" include the following:
4        (1) 3 meals per day available to the residents prepared
5    by the establishment or an outside contractor;
6        (2) housekeeping services including, but not limited
7    to, vacuuming, dusting, and cleaning the resident's unit;
8        (3) personal laundry and linen services available to
9    the residents provided or arranged for by the
10    establishment;
11        (4) security provided 24 hours each day including, but
12    not limited to, locked entrances or building or contract
13    security personnel;
14        (5) an emergency communication response system, which
15    is a procedure in place 24 hours each day by which a
16    resident can notify building management, an emergency
17    response vendor, or others able to respond to his or her
18    need for assistance; and
19        (6) assistance with activities of daily living as
20    required by each resident.
21    "Negotiated risk" is the process by which a resident, or
22his or her representative, may formally negotiate with
23providers what risks each are willing and unwilling to assume
24in service provision and the resident's living environment. The
25provider assures that the resident and the resident's
26representative, if any, are informed of the risks of these

 

 

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1decisions and of the potential consequences of assuming these
2risks.
3    "Owner" means the individual, partnership, corporation,
4association, or other person who owns an assisted living or
5shared housing establishment. In the event an assisted living
6or shared housing establishment is operated by a person who
7leases or manages the physical plant, which is owned by another
8person, "owner" means the person who operates the assisted
9living or shared housing establishment, except that if the
10person who owns the physical plant is an affiliate of the
11person who operates the assisted living or shared housing
12establishment and has significant control over the day to day
13operations of the assisted living or shared housing
14establishment, the person who owns the physical plant shall
15incur jointly and severally with the owner all liabilities
16imposed on an owner under this Act.
17    "Physician" means a person licensed under the Medical
18Practice Act of 1987 to practice medicine in all of its
19branches.
20    "Resident" means a person residing in an assisted living or
21shared housing establishment.
22    "Resident's representative" means a person, other than the
23owner, agent, or employee of an establishment or of the health
24care provider unless related to the resident, designated in
25writing by a resident to be his or her representative. This
26designation may be accomplished through the Illinois Power of

 

 

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1Attorney Act, pursuant to the guardianship process under the
2Probate Act of 1975, or pursuant to an executed designation of
3representative form specified by the Department.
4    "Self" means the individual or the individual's designated
5representative.
6    "Shared housing establishment" or "establishment" means a
7publicly or privately operated free-standing residence for 16
8or fewer persons, at least 80% of whom are 55 years of age or
9older and who are unrelated to the owners and one manager of
10the residence, where the following are provided:
11        (1) services consistent with a social model that is
12    based on the premise that the resident's unit is his or her
13    own home;
14        (2) community-based residential care for persons who
15    need assistance with activities of daily living, including
16    housing and personal, supportive, and intermittent
17    health-related services available 24 hours per day, if
18    needed, to meet the scheduled and unscheduled needs of a
19    resident; and
20        (3) mandatory services, whether provided directly by
21    the establishment or by another entity arranged for by the
22    establishment, with the consent of the resident or the
23    resident's representative.
24    "Shared housing establishment" or "establishment" does not
25mean any of the following:
26        (1) A home, institution, or similar place operated by

 

 

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1    the federal government or the State of Illinois.
2        (2) A long term care facility licensed under the
3    Nursing Home Care Act, a facility licensed under the
4    Specialized Mental Health Rehabilitation Act of 2013, or a
5    facility licensed under the ID/DD Community Care Act. A
6    facility licensed under either of those Acts may, however,
7    convert sections of the facility to assisted living. If the
8    facility elects to do so, the facility shall retain the
9    Certificate of Need for its nursing beds that were
10    converted.
11     &nb